King

This is an "action against the sureties on an undertaking on appeal. Judgment was rendered for plaintiff on the pleadings, and defendants appeal.

The action in which the undertaking was given was brought by plaintiff herein against one Winders, one McDuffee, and several other defendants, to foreclose a mortgage executed by said Winders to plaintiff. Mc-Duffee was in possession of the mortgaged premises at the time the action was commenced. Judgment was rendered in that action, foreclosing the mortgage against all the defendants, with the usual provisions for a deficiency judgment against the mortgagor. McDuffee appealed from the judgment, and from an order denying a new trial; and for the purpose of staying execution, the defendants in the present action executed an undertaking in the statutory form on the part of said McDuffee, in which they undertook that if the judgment should be affirmed or the appeal dismissed, “ said appellant will pay any deficiency arising fipon the sale of the premises described in said judgment.” Th'e judgment and order appealed from were afterwards affirmed; and after the sale of the premises, there was a deficiency within the penal sum of the…