Ralphs

I concur in the judgment, and in the foregoing opinion. The amended complaint is defective, as the mortgage therein referred to is not set out in terms, or according to its legal effect, nor does the amended complaint contain any description of the property described in the mortgage. The allegation of the amended complaint as to the mortgage *305 is, that a. copy of “said mortgage, with the indorsements thereon, is annexed to the original complaint herein, marked ‘Exhibit A,’ and made a part of this, complaint.” This is not sufficient. Records and papers cannot be made a part of a pleading by referring to them in this manner.

Action to foreclose a mortgage on defendant Hensler’s real property, given to secure the payment of three several promissory notes.

It is alleged in the complaint that the notes and mortgage were executed by defendant Hensler to Kimball Hardy in his lifetime (on July 9, 1887); that on or about February 16, 1889, Hardy'died; that his will was *299 admitted to probate on March 12, 1889; that letters testamentary were duly issued to plaintiff on March 18, 1889; and thereupon, that the plaintiff duly qualified and entered upon his duties as such executor.

By her answer, the defendant Hensler specifically denied each of the above allegations.

Weed, who was made a party defendant on the ground that he had or claimed some interest in the mortgaged property, failed to answer, and his default was duly entered.

The court found, upon all the issues, in favor of plaintiff, and decreed a sale of the mortgaged property in the usual form, ordering that a judgment be docketed against the defendant Hensler for any deficiency of the proceeds of the sale to pay the amount found due on the notes.

The defendant Hensler appeals from the judgment, and from an order denying her motion for a new…