Pauly

The facts of this case may he briefly stated as follows: One C. W. Rogers mortgaged certain real estate to the Security Savings Bank and Trust Company. Thereafter he and defendant Dora' I. Rogers mortgaged the same real estate, and also other real estate, hy one instrument to the Pacifie Bank. This plaintiff, as the successor in interest of the Pacifie *295 Bank, has brought this action to foreclose the mortgagé made to the bank. Prior to the commencement of the present action the corporation holding the first mortgage brought its action of foreclosure, making the Pacific Bank a party defendant. In the present action these defendants by way of defense set out the foregoing facts and. others to the effect that the Pacific Bank in the action of foreclosure, where it was made a party defendant, admitted by answer all the allegations of the complaint. They also alleged that the bank at that time filed a cross-complaint in which it set out the execution of the note and mortgage sued upon in the present action, and also alleged the nonpayment of such note, and prayed for judgment of foreclosure, with interest and attorney’s fees. The defendants’ answer in this action further alleges…