Bonham

The plaintiff brought this action to foreclose a mortgage on real estate executed by defendants Philipp Laux and Katie A. Laux as mortgagors. The defendant I. S. Chapman & Company filed a cross-complaint to foreclose a crop mortgage on the crop of citrus fruits growing on the same land, executed by defendants Thomas C. Armstrong and Mary B. Armstrong as mortgagors. All the defendants except I. S. Chapman & Company failed to appear and their defaults were duly entered. The court made findings in favor of the plaintiff and entered judgment foreclosing her mortgage and directing the sale of the mortgaged land. No judgment was entered foreclosing cross-complainant’s crop mortgage. The cross-complainant has appealed on the judgment-roll alone.

Appellant contends that judgment should have been entered in its favor foreclosing its crop mortgage. The record shows that defendants Thomas C. Armstrong and Mary B. Armstrong were duly served with summons directing them to appear and answer plaintiff’s complaint and that their defaults were entered for their failure to appear. There is nothing, however, to show that summons was issued on the cross-complaint or served upon the Armstrongs as…