Stow

Action to foreclose a mortgage, executed by defendant Juana Schieiferly, as administratrix, pursuant to an order of the probate court. The defendants failed to answer the complaint; their default was entered, and thereafter the cause came on for hearing. The court found all the allegations of plaintiffs’ complaint to be true, and gave judgment accordingly, from which the appeal is taken' on the judgment-roll alone.

*611 It is alleged in the complaint that the order authorizing the mortgage to be executed was duly given, made, and entered January 23, 1892, and no appeal appears to have been taken from this order. This order is made part of the complaint (Exhibit B) and recites that it was made upon the verified petition of said administratrix; that “all the heirs (except Frederick Schiefferly, who made no appearance, or filed or presented any objection to the hearing or granting of said petition, who does not appeal), namely [giving names], being present in court, pursuant to the order to show cause heretofore duty made by this court, and consenting thereto,” etc. The mortgage is also made a-part of the complaint (Exhibit C) and recites the proceedings under which it was executed,…