Kershner

Action to foreclose a mortgage. Defendants had judgment on demurrer to the amended complaint without leave to further amend the complaint, from which plaintiff appeals on the judgment-roll.

The amended complaint shows: That November 15, 1890, Thomas B. Peet died, leaving the mortgaged premises to defendants, Sarah Kershner and Florence M. Ludlow (now Florence Williams), his sole surviving heirs and devisees in California. On January 3, 1891, Florence Ludlow and her husband, Frank K. Ludlow, a defendant, became indebted to plaintiff and executed to it two promissory notes—one due April 3, 1891, for eleven hundred and twenty-five dollars, and one due June 3, 1891, for five hundred dollars. Nothing having been paid on the notes, plaintiff brought suit against the makers February 23, 1892, and attached the interest of defendant Florence Ludlow in most, but not all, of the property then in process of administration. Both defendants to that action appeared. Subsequently Mrs. Ludlow and her sister and coheir aforesaid, Mrs. Kershner, executed an instrument to plaintiff, assigning all their- interest in all of said estate, to secure the notes on which this suit was pending. This…