Taylor

Action for the foreclosure of three mortgages— two on the same real estate, the other on personal property. Judgment was rendered, generally, for the aggregate of the sums due on the three mortgages, and for the sale of the mortgaged property, “or so much thereof as may be sufficient to raise the amount due to the plaintiffs,” etc. The appeal is from the judgment and from a-n order denying a new trial; but the record contains no statement on the motion. The first of the mortgages sued on was overdue when the suit was brought; the others, it was claimed, had become due, under the provisions of the mortgages, for default in the payment of interest for three months after the same became due. There was included in the judgment two hundred and fifty dollars, allowed as attorney’s fee, and one hundred and sixty-five dollars and fifty-five cents allowed for insurance.

1. The action was brought six days -after the expiration of the three months -allowed for default. But it appears from the allegations -of the complaint and the findings that the mortgagor was adjudged insane September 30, 1898, -and letters of guardianship issued October 7, 1898; and it is claimed by the appellant’s…