Redmond

Appeal from a judgment against said incompetent, Hannah J. Peterson, in favor of the plaintiff, and from a judgment in favor of the defendant Liberty S. Henderyckx, as executor of R. S. Henderyckx, upon his cross-complaint, against said Peterson, and also from an order denying the motion of said Peterson, by her guardian, to set aside said judgments.

The action was brought by the plaintiff to foreclose a mortgage executed by R. S. Henderyckx (since deceased) to Hannah J. Peterson, to secure a promissory note made by the mortgagor to the mortgagee, and which *597 note and mortgage were afterwards assigned to the plaintiff.

Afterwards said Peterson purchased the mortgaged premises from Henderyckx, and executed a mortgage thereon to him to secure a part of the purchase money.

After these transactions, and prior to the commencement of this suit, defendant Peterson was adjudged by the superior court “to be a person of unsound mind and an incompetent,” and the defendant Gottshall was appointed the guardian of her person and estate.

This action was brought by the plaintiff against “Louis Gottshall, guardian of the estate and person of Hannah J. Peterson, an incompetent, and Liberty…