Ball

This is an appeal from a decree of foreclosure of a mortgage on real property which was security for a promissory note.

The essential facts are that on May 21, 1917, the plaintiffs sold to appellants Warner certain real and personal property for the sum of $8,000, of which amount $2,000 was paid in cash, and a part of the balance, to wit, $5,000, secured by mortgage on the land, and the remainder thereof, to wit, $1,000, by chattel mortgage on the personal property. On June 13, 1917, the appellants Warner sold said property, subject to said mortgage, to the defendant Kamphefner. On August 29, 1917, defendant George D. Kamphefner acquired all the interests in the property belonging to the other defendants Kamphefner, and on the same day, for a consideration of $5,500, resold to defendant L. L. Warner an undivided one-half interest in the property, and ever since said twenty-ninth day of August, 1917, the said Kamphefner and the said Warner have been operating all of the property together and sharing the profits therefrom.

The sum of $1,000 secured by the chattel mortgage was paid; but the sum of $5,000 secured by the mortgage on the real property, together with interest due…