White

This action was brought to foreclose a mortgage. The demurrer to the complaint was overruled, and upon defendants’ failure to answer, judgment was rendered against them. From that judgment they bring this appeal, and claim, — 1. That the demurrer should have been sustained, upon the grounds that the complaint does not state facts sufficient to constitute a cause of action, and that it is ambiguous and uncertain; and 2. That the judgment is not sustained by the pleadings.

1. It is urged that the facts are insufficient, for the reason that the plaintiff sues as trustee for seven designated persons, described as “ heirs at law of B. F. White, deceased,” and there is no allegation that he is a trustee, for any purpose, for any of the beneficiaries, or that the notes in suit were made, in his name, for their benefit, and therefore the persons named as beneficiaries are the real parties in interest, and not the plaintiff.

The complaint alleges that the three notes set out in it were made and delivered to the plaintiff, by the defendants, together with the mortgage in suit to secure their payment, and that the plaintiff is the owner and bolder of the notes and mortgage as trustee for…