Walsh

Action to foreclose a mortgage. The findings show that defendant, who resided in San Francisco, hut owned certain premises in San Jose upon which there was a *48 mortgage for five hundred dollars, some time prior to October 3, 1893, authorized one Hughes, a real estate agent and notary-public in San Jose, to negotiate a loan of five hundred dollars on said premises, at a rate of interest not to exceed eight per cent per annum, with the proceeds of which to pay off said mortgage; that, being notified by Hughes that he had found a person willing to make the loan, defendant, on October 3, 1893, went to his office in San Jose to execute the necessary note and mortgage; she was informed by Hughes that the loan could not be had for less than nine per cent, which rate she consented to pay, and thereupon Hughes presented for her signature a note and mortgage prepared by him, which defendant, after reading, signed and executed, the mortgage being acknowledged before Hughes as notary. The note was in these words:

The mortgage was in the usual form, setting out at length a copy of the note, etc.

It is found “that, after signing the said note and mortgage as aforesaid, the said defendant…