Toby

There are two separate appeals in this cause by the defendants, one from the final judgment, and the other *492 from an order denying a motion for a new trial. As they depend to some extent upon the same statement they will be considered together.

The action was brought to foreclose a mortgage upon the steamer Eastern Oregon, executed at the city of New York, by the Oregon Pacific Eailroad Company, a corporation, on the tenth day of February, 1887, to the Florida Steamship Company, to secure the sum of $115,000, with interest at six per cent per annum, evidenced by twelve promissory notes of even date with the mortgage, eleven of which were for $10,000 each, and one for $5,000, and all payable twelve months after date. The Oregon Development Company, a corporation, was made a party defendant, upon the averment that it had or claimed to have some interest in the steamship, etc. Both the defendants are corporations organized and existing under the laws of the state of Oregon. The steamship in question was purchased for the trade between San Francisco and Southern Oregon, was brought from New York to this coast, and was within the jurisdiction of the courts of this state. The…