Adler

Appeal by defendant Adler from a judgment entered against him for money after he had suffered default to be taken. The action was brought to enforce payment of a promissory note executed by defendant Brusch, which note was secured by mortgage upon real property of the said Brusch. That portion of the complaint referring to the execution of the note reads as follows :

“That on the fourteenth day of February, 1912, at Los Angeles County, in the state of California, defendant, Emma C. Brusch, a widow, made, executed, and delivered to the Los Angeles Humane Society (for children) her promissory note for the principal sum of one thousand one hundred dollars, in words and figures as follows, to wit:

A further allegation referred to the mortgage as having been executed by Brusch and the mortgage was attached as an exhibit to the complaint. In the prayer of the complaint, judgment for such proportion of the deficiency that might result upon the sale of the property as appellant had contracted to be responsible for was demanded.

[1] The principal point made upon this appeal is that the complaint failed to state a cause of action as against appellant, and with this contention we agree.…