Barbieri

This is an action to recover seven hundred dollars, money lent, and interest thereon, and comes before this court on an appeal from the judgment. The question to be considered arises on the judgment roll.

It appears, from the findings, that on the 13th of November, 1885, the plaintiff lent to defendants, at their request, the sum of seven hundred dollars, and on the same day they executed a mortgage on a tract of land to secure its payment. On this tract of land there were, at the time that the money was lent and the mortgage of plaintiff executed, two mortgages, — one executed by plaintiff’s grantor, Gottardo Turri, to the Savings and Loan Society of the city of San Francisco, to secure the payment of the mortgagor’s promissory note for $11,334, and another by the defendants to Turri to secure the payment of three promissory notes of defendants, aggregating in amount the sum of $14,500. Both of these mortgages were recorded in the proper county, but when so *156 recorded does not appear in the findings. The court finds that there was due of principal and interest on the mortgage executed by Turri the sum of $13,297.12, and on the mortgage by defendants to Turri the sum of…