Byrne

This is an appeal by the defendants from a judgment against them entered on the twenty-eighth day of November, 1895.

The facts of the case, as they appear upon the record, *3 are as follows: In 1893, the plaintiff commenced this action against the defendants to foreclose a mortgage given by the latter to the/former to secure a promissory note for two thousand dollars, dated April 27, 1892, payable in three years from date, with interest at twelve per cent per annum, payable annually. At the time of the commencement of the suit the first installment of interest was due, and it was alleged in the complaint “ that no sum either on the account of the principal or interest on the said note has been paid”; and the prayer is for judgment for the said sum of two thousand dollars and interest, and that the usual decree be made for the sale of the mortgaged premises, the application of the proceeds thereof to the satisfaction of the whole amount of the note, and for a deficiency judgment. In the answer the defendant denied that there was anything more due than the one year’s interest, and prayed that the plaintiff have no greater relief than a decree with respect to said interest. The…