Schelling

This is an appeal taken by defendant and cross-complainant L. J. Conley from a judgment and decree of foreclosure and sale in favor of plaintiff and respondent W. J. Schelling and defendant and cross-complainant E. N. Tooby.

The facts are that on September 22, 1922, respondent Schelling signed, as an accommodation maker, a $1,000 promissory note with defendant Rexford Thomas, thereby enabling the latter to borrow $1,000 from the First National Bank of Eureka. On the same date Rexford Thomas executed and delivered to respondent the following instrument:

At the time the agreement was executed Thomas stated it was given as security on his property for the respondent’s liability under the said $1,000 note.

Subsequently and on April 27, 1923, Thomas wrote upon this agreement the words: "This agreement is to hold good for $1,000 and interest,” signed his name thereto and acknowledged the instrument before a notary public. It was placed on record in the county recorder’s office on the same day at fifty-nine minutes past 10 A. M.

On September 22, 1922, at the time said writing was executed, the said Thomas held a patent to timber claim No. 816,932 and was occupying and in possession…