Dixon

This action was originally brought by H. S. Dixon, to foreclose a mortgage [made by Henry Gries. The other defendants were subsequent grantees of the mortgaged premises. After the commencement of the action the plaintiff, H. S. Dixon, became insane, and J. R. Dixon was appointed the guardian of his person and estate, and, upon motion, the court made the following order: “It is ordered that J. R. Dixon, as *507 guardian of the person and estate of H. S. Dixon, plaintiff herein, be and he is hereby substituted as plaintiff herein, in the name, place, and stead of H. S. Dixon.”

Thereupon a second amended complaint was filed, entitled “ J. R. Dixon, as guardian of the person and estate of H. S. Dixon, an insane person, v. Henry Gries, S. N. Griffith, and Antonio J. Gardozo.”

To this complaint a general demurrer was filed by defendants and overruled by the court. This complaint contained no averment of the insanity of H. S. Dixon, nor of the appointment of a guardian. At the conclusion of the trial the plaintiff was permitted to file amendments to said second amended complaint, to conform to the proof, and amendments were thereupon filed alleging such insanity and the appointment of…