Stull

Appeal from judgment foreclosing a mortgage. Plaintiff being the mother and natural guardian of the defendant Schiedt, now Tracey, a minor, without a general guardian, held the sum of $2,400 belonging to said minor, which she, plaintiff, loaned to the defendant Holway, taking his promissory note for that amount and an assignment of the mortgage foreclosed in this action, and the note secured thereby, for the sum of $3,000, as collateral. She thereupon hypothecated both the $3,000 note and mortgage given to secure it and the $2,400 note to the intervener Chapman to secure the payment of $1,500 which she borrowed from him through his agent Lantz on her own account, and made and delivered a written assignment of the mortgage to Chapman.

The interest on the $3,000 note being in default, Chapman brought an action in the superior court of Los Angeles county to foreclose the mortgage in accordance with the terms thereof. Plaintiff here (Gertrude Stull) intervened in that action and judgment was entered therein directing Chapman to deliver up and surrender to the said Gertrude Stull all the papers held by him as security for the payment of said $1,500 note upon payment or tender of…