Donnelly

This was primarily an action in partition. In addition to a judgment that the property involved he sold and the proceeds divided, as will hereinafter appear, the court also gave a personal judgment of six hundred dollars in favor of the plaintiff, Minnie E. Donnelly, and against the defendants, Edwin C. and Eva L. Wetzel, his wife, and from this money judgment against them the Wetzels appeal. The authority of the court to render this personal judgment in this action is the only question in the case.

The plaintiff and the Wetzels purchased the property from H. C. Petray for four thousand five hundred dollars, payable one thousand five hundred dollars in cash and the remaining three thousand dollars to he secured by a mortgage on the premises to Petray. The plaintiff paid one thousand one hundred dollars of the initial payment and the Wetzels paid only four hundred dollars thereof. It appears, therefore, that Miss Donnelly paid six hundred dollars of the pur chase price which the Wetzels should have paid. Pursuant to this, the payment of the one thousand five hundred dollars and the execution of the mortgage to him of the three thousand dollars by the purchasers, Petray, the owner,…