Polhemus

This is an action to foreclose a mortoao-e. Defendant had judgment, from which the plaintiffs appeal.

There is a bill of exceptions in the record relating to the propriety of the admission of certain oral testimony, but in view of the conclusions of law reached by the court below it becomes unimportant, and the appeal is practically based upon the judgment roll.

Appellants assign two errors as grounds for a reversal of the judgment, which are as follows: —

1. The prayer of the complaint is sufficient to entitle plaintiffs to judgment.

2. Even if the prayer of the complaint be insufficient, plaintiffs are entitled to a foreclosure, that relief being consistent with the case made by the complaint and embraced within the issue.

As the judgment in favor of defendant seems to have turned upon a decision that no relief was sought in the action upon a certain contract, a reference to the complaint is necessary to the correct understanding of the action of the court. The plaintiffs sue as the executors of the last will of Robert C. Johnson, deceased, who departed this life on or about March 8, 1889. The complaint avers among other things, in substance, that bn *242 the eleventh day…