Mentry

The action was one instituted by plaintiffs to determine adverse claims to real property described in the complaint the ownership and seisin of which was alleged to be in plaintiffs. Defendants and appellants answered, each alleging that on October 16, 1908, plaintiffs executed to one L. E. Jones their promissory note for the sum of five thousand five hundred dollars, copy of which is set out and made a part of the answer, and as a part of the same transaction, to secure the payment of such note, executed a mortgage in writing upon the property described; that thereafter, on October 24, 1908, said J ones assigned and transferred said note and mortgage to the Broadway Bank & Trust Company, after which date, to wit: on November 19, 1908, defendant Fiske, through defendant Forrester, her agent, purchased said note, paying the face value thereof, and the same was assigned and transferred to said Fiske. It is further averred that said Fiske is the owner and holder of the note and mortgage and that no portion of the mortgage indebtedness has been paid, except the sum of two hundred and twenty dollars interest paid thereon April 16,1909; and defendants asked that the mortgage be declared…