Daley

This is an action to foreclose a mortgage alleged to have been made on the sixteenth day of November, 1891, by the defendants, Thomas J. Daley and his wife, Sarah M. Daley, to secure a promissory note of that date for twenty-nine thousand three hundred and ninety-five dollars and seventy-three cents, alleged to have been made by the said Daley and his wife. The court rendered judgment foreclosing the mortgage fo-r the amount of the note and interest (with the exception of the amount of three hundred dollars for a certain overdraft, which need not be further considered). Defendants appeal from the judgment and from an order denying a motion for a new , trial.

The note and mortgage were made and executed by the appel'lant Thomas J. Daley in his own right, and by the appellant Sarah M. Daley by the said Thomas J. Daley, her attorney in fact; and the main contention of appellants is, that the said Thomas had no authority to execute the mortgage as attorney for Sarah. The court below did not render any personal judgment against Sarah on the note, but held that Thomas had authority to execute for her the mortgage, and decreed a foreclosure against her.

On the thirtieth day of…