Heidt

— The defendants were sureties on the official bond of a notary public by the name of Cordell. Cordell, while acting as notary public, also acted as real estate agent and broker in the purchase and sale of lands, making loans, collecting interest, rents, etc. The plaintiff upon several occasions employed Cordell as such broker or agent to make loans for her, and in the purchase of property, and often consulted him as to such matters, and sometimes acted upon his advice in relation thereto. In several of the loans so made, Cordell produced to plaintiff a note and mortgage prepared and acknowledged before himself, and she would then go with Cordell to the bank and pay him the money for the borrower, and Cordell would deliver to her the note and mortgage.

Upon the 28th of August, 1885, he, then being a notary public, exhibited to the plaintiff what purported to be a note and mortgage signed by one Charles E. Wilson, for the sum of one thousand dollars, the mortgage purporting to be of certain lands in the county of Santa Cruz, to secure the payment of the note. To the mortgage *117 was appended by said Cordell, as notary public, a certificate of said Wilson’s acknowledgment of the…