Garner

This action was instituted to foreclose a mortgage on certain real property in Tulare County, executed by defendants James C. Garner and S. J. C. Garner, his wife, on October 13, 1921, securing payment of a promissory note for $8,000 with interest at eight per cent per annum, payable quarterly, the note being payable on demand, and if no demand be made, then on January 1, 1924. The complaint was filed on October 13, 1925. The mortgage was recorded on October 17, 1921. The note and mortgage provided for the allowance of reasonable attorney’s fee in the event of the institution of foreclosure proceedings. The particular description of the properties mortgaged was followed by the clause “together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof.”

The defendants Garner and wife defaulted and judgment was entered against them. The mortgaged property was an orange orchard of navel and Valencia orange trees, producing crops of oranges therefrom requiring during the spring and summer months intensive care, proper plowing, pruning, spraying, and artificial…