Martin

This action was brought by the plaintiffs against Alva Jacob Deetz, George Lewis Deetz, Susannah D. Hathaway, Mary Polly Metcalf, Mary Elizabeth Deetz, and Henry John Deetz, who are called in the papers the Deetz family, upon a note and mortgage made by them on April 15, 1891, for $22,000, to M. A. Harding, and assigned by the latter to the Bank of California, and by said bank to the plaintiffs herein. The mortgage was upon certain timber lands, with a sawmill thereon, owned by said Deetz family. The Deetz family, in their answer, set up certain defenses, and upon cer *58 tain allegations made therein the court ordered that the said M. A. Harding, and an alleged corporation called the Deetz Mill and Lumber Company, he made parties to the action. Thereupon the said Deetz Mill and Lumber Company filed a cross-complaint, to which, answers /were made by the plaintiffs and also by said M. A. Harding. The court first heard the issues made by the cross-complaint and answers thereto. It then considered the defenses set up by the Deetz family in their answer, and gave judgment in their favor that the plaintiff take nothing by this action. The principal contest here is made upon the…