Langerman

As the alleged assignee of The Anglo-Californian Bank, the plaintiff brought this action to foreclose a mortgage, “alleged to have been executed by the defendants, W. R. Goodbody and Emily E. Goodbody, to secure the payment of two certain promissory notes, one for the sum of five thousand dollars, and the other for three thousand nine hundred dollars, executed by the defendant, Puritan Dining Room Company, to said bank. ’ ’ The dining room company and the other defendants, other than the Goodbodys, failed to answer the complaint and judgment by default was thereupon entered against them. The Goodbodys answered the complaint, and, upon the issues raised by the complaint and said answer, a trial was had. Findings were filed and judgment rendered and entered in favor of the plaintiff and against the Goodbodys decreeing a foreclosure of the mortgage and a sale of the mortgaged premises.

The cause is brought to this court by the Goodbodys on an appeal from the judgment and the order denying them a new trial.

The complaint alleges that, “on the 31st day of January, 1908, the defendant, The Puritan Dining Room Company, was indebted to the said . . . Bank ... in the sum of $5,000.00,…