Ogden

Plaintiff had obtained a judgment in the superior court against one C. E. Packard in an *35 action to foreclose a mortgage. Packard prosecuted an appeal to this court, and gave an undertaking for damages and costs and to stay execution, with defendants for sureties. The judgment was affirmed upon appeal, and this action is prosecuted against tlie sureties upon the undertaking. Plaintiff suffered nonsuit, and appeals from the judgment.

The complaint charges in two causes of action, the one for damages in the sum of $2,000 for waste suffered upon the land and premises; the other for a deficiency in the sum of $8,584.05 remaining after sale of the mortgaged premises.

So much of the undertaking as is pertinent to this consideration is in the following language:

*36 This undertaking for a description of the mortgaged premises refers to the complaint. The complaint followed the mortgage and described the land as “Lot 264 of the lands of the Biverside Land and Irrigation Company, as surveyed by Goldsworthy & Higbie, according to the plat of said survey of record in the county recorder’s office of the county of San Bernardino.”

Upon the trial it was made to appear that the description…