Weidmann

This is an appeal by Roth & Co. from that portion of the decree of foreclosure and order of sale which adjudges and decrees that if the moneys arising from the sale shall be insufficient to pay the amount found due to the plaintiff, together with the *508 costs and expenses of sale, the clerk shall docket a judgment for the balance against Roth & Co., a copartnership, together with interest on such deficiency judgment at the rate of seven per cent per annum, and also from the deficiency judgment against defendant entered by the clerk upon the return of the sheriff.

The action was commenced on October 22, 1890, and summons was issued on the same day. The defendants named in the original complaint were Henry Weidpiann and Roth & Co., a copartnership composed of A. Roos, S. Scheeline, and Joseph Roth. The note and mortgage upon which the action was based were executed and delivered by defendant Weidmann to the plaintiff March 29, 1888. It was alleged in the complaint “that the defendant Roth & Co., a copartnership composed of A. Roos, S. Scheeline, and Joseph Roth, have, or claim to have, some interest in or claim upon said premises, or some part thereof, as purchasers, mortgagees,…