Ambrose

This is an action to foreclose a mortgage given to plaintiff and appellant by the defendant Mahulda C. Drew. The respondent J. H. Barker, as administrator with the will annexed of the estate of Bench Angle, deceased, being made defendant, filed a cross-complaint to foreclose an alleged prior mortgage on the same premises, executed by said Mahulda C. Drew. The other defendants made default. The appellant set up as a defense to the note and mortgage in the cross-complaint of respondent Barker, a want of consideration for its execution. The court found in Barker’s behalf, entered a decree of foreclosure in his favor as prior mortgagor, and from the judgment and an order denying the appellant’s motion for a new trial this appeal is taken.

The facts in the case are: That on May 7, 1893, the defendant Drew (the surviving widow of said Bench Angle) borrowed of the funds of the estate of said Angle the sum of three thousand dollars, to secure the payment of which she executed the mortgage set forth in the cross-complaint. The note was made payable to, and the mortgage executed in favor of, J. A. Cooper, who was then the attorney of the administrator of said estate. The said mortgage was…