Gabbs

This is a suit to foreclose a mortgage given to secure a promissory note executed by the defendants. Foreclosure was ordered against the mortgaged property, and defendants appeal from the judgment and from an order denying their motion for a new trial.

There is no merit in the first point that the ease was improperly or irregularly transferred from the.department of the superior court to which it was originally assigned to the department of the court in which it was heard and determined.

Equally without force—savoring even of frivolity—are the objections to the rulings of the court on the admission and rejection of evidence.

The defendants in their answer and cross-complaint pleaded that there was no consideration for the execution of the note and mortgage; and they now contend that the finding of the trial court against them on that issue is not sustained by the evidence. This position is not well taken. The record shows that the plaintiff gave to the defendant, R. H. Countryman, the sum of thirteen thousand dollars in consideration for a certain interest in the rentals of two buildings—the Delbert Block and Countryman Building—to be erected on the west side of Van Ness Avenue…