Kuns

The complaint in the action was for the foreclosure of a mortgage executed December 20, 1909, by George M. and Emma F. Dias to secure the payment of a certain promissory note, of the above date, made and delivered to plaintiff. The note was made payable six years after date, but the word “years” was omitted by clerical error. In the description of the real property mortgaged, section 31 was by like error made to read 30. The complaint seeks to have these mistakes corrected. Defendant Joe G. Coelha is alleged “to have some right, title, or interest or lien in or to said premises described in said mortgage or some part thereof, which interest and claim were subsequent to and subject to the lien of said mortgage.”

Defendant Emma F. Dias in her answer alleged that at the time the mortgage was executed she was the owner of an undivided one-half interest in the mortgaged premises, but since said date she granted and sold said interest to defendant Coelha, who is now the owner thereof.

Defendant Coelha in his answer alleges that he is the owner of an undivided one-half interest in the mortgaged premises and that defendant Emma F. Dias conveyed to him said interest on January 11, 1913;…