Asbury

The plaintiff seeks herein the foreclosure of a mortgage upon certain land in Fresno county, aud its sale in satisfaction of the debt secured thereby. The complaint alleges that on or about June 1, 1893, the mortgagors made to it their promissory note of that date for the sum of $30,000, payable in three years thereafter, with interest thereon payable semi-annually, and at the same time executed a mortgage upon said lands as security for its payment; that, although the note expressed the sum of $30,000, the actual amount of • the loan to the defendants was only $12,500; that under provisions therefor in the mortgage the plaintiff has paid certain moneys for insurance upon the mortgaged property, and for water appurtenant to the land; that none of the interest that had accrued upon the note had been paid, and that the plaintiff, as authorized by said note, had elected to consider the whole of the debt due. Judgment was prayed for accordingly. The appellants demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action against them, and also that it was ambiguous and uncertain. Their demurrer was overruled, and they then answered…