Jones
Jones v. Baxter
Opinion
Lead Opinion
Bardin, J.
This action was brought to foreclose a mortgage given by Edward A. Baxter upon real property in Humboldt County to secure the payment of a promissory note in the sum. of $700. The defendants John F. Dufur and his wife, A. D. Dufur, appeal from the judgment rendered in favor of the plaintiff Jones and also include in their notice of appeal a purported áppeal from the order denying their motion for a new trial. [1] While it is proper on an appeal from the judgment for us to review such an order, yet an appeal therefrom is now unauthorized and should be dismissed. (Secs. 956, 963, Code Civ. Proc.; Roberts v. Colyear, 179 Cal. 669 , [ 180 Pac. 937 ].)
The trial court determined that there was due, owing, and unpaid to the plaintiff upon said promissory note and for money expended under the terms of the mortgage the sum of $397.47, and also the further sum of $108.85 for attorney fees and costs incurred in the action, aggregating in all $506.32, for which defendant Baxter was personally liable, and declared that such sum was secured to be paid by the mortgage referred to. The usual decree directing the sale of the mortgaged premises to satisfy such indebtedness, attorney fees, and…