Hicken

This action was brought by plaintiff to foreclose a mortgage executed to him by defendant Hicken July 1,1881, to secure a note for twelve thousand dollars and interest, upon the southeast quarter and the west half of section 2, township 11 north, range 5 east, Mount Diablo base and meridian. Johnson and wife were made defendants, as claiming some interest in the land; and they answered, averring that on January 11, 1888, plaintiff had released and discharged said mort *231 gage; that afterwards they purchased ¿he land from Hicken; and that they are owners and in possession of the land, unencumbered by the alleged mortgage of plaintiff. Wittenbrock intervened, also averring the release and discharge of said mortgage, and alleging further, that when Johnson purchased from Hicken he gave to the latter, to secure part of the purchase-money, a mortgage on the land for the sum of six thousand two hundred dollars, and that afterwards intervener loaned money to Hicken, and took said mortgage from Johnson as security. He prayed that his mortgage be decreed to be superior to-that of plaintiff, and that it be foreclosed. Hicken made -default. Plaintiff alleged, in an amended complaint, that…