Brooks

Action for the foreclosure of a mortgage. .The complaint is in the ordinary form, setting forth the promise sory note whose payment is secured by the mortgage, and alleging that it was made October 6, 1893, payable one year thereafter, and has not been paid. The complaint herein was filed September 1, 1896, and the defendant Johnson, one of the makers of the note, in his answer thereto, alleged that on the 19th of February, 1895, the plaintiff, by a written instrument, extended the time of payment of the note until the sixth day of October, 1896—setting forth in his answer a copy of said instrument— and denied that there was any sum of money due from the defendants to the plaintiff at the time of the commencement of this action. The plaintiff did not make or file an affidavait denying the genuineness and due execution of this instrument. The cause was tried by the court, and a finding made by it that the written instrument, and the extension of time therein provided, was made by the plaintiff without consideration, and judgment was rendered in favor of the plaintiff for the amount of the note and for the foreclosure of the mortgage. The appeal therefrom is urged here upon the…