Whitford
Mitchell v. Whitford
Opinion
Lead Opinion
Nicol, J.
This is an appeal from a judgment of the superior court of Stanislaus County, decreeing the foreclosure of a mortgage. The said mortgage was executed by defendants R. A. Whitford and his wife, Augusta Whitford, to one C. L. Flack to secure a promissory note for the sum of $21,864.42, dated April 9, 1913-, payable four years after date with interest at six and one-half peT cent per annum. Subsequent to the execution of the mortgage, the plaintiff became the holder thereof by mesne assignments. Subsequent to the making of this mortgage, the mortgagors deeded the property so mortgaged and it was conveyed repeatedly until the fee vested in the appellant Charles Z. Soule. The plaintiff by his complaint named as defendants the original mortgagors, R. A. WRitford and his wife, Augusta Whitford, and a number of others including appellant. All the defendants, except Charles Z. Soule, defaulted. By the decree, judgment was rendered in favor of plaintiff and against the defendants R. A. Whitford and Augusta Whitford in the sum of $27,707.03, on the note. The decree further adjudged the same a lien upon the land described in the judgment, ordered the land sold to satisfy said sum, provided…