Cortelyou

Action on two notes—one for $720 and the other for $630—and*a mortgage to secure the same, all made and executed October 24, 1892, by defendants to Mercy Stoddard, and averred to have been assigned by the latter to plaintiffs. It is averred in the complaint that the first note has been paid, but that the whole of the principal and some of the interest on the second note are due and unpaid. Judgment was rendered for plaintiffs for a certain amount, and $75 attorneys’ fees, and a decree- of foreclosure to satisfy the same. Defendants appeal from the judgment and order denying a new trial. We will notice such points made for a reversal as call for any consideration.

Appellants contend that respondents cannot maintain the action in their individual capacity, because the written assignment under which they claim declares certain trusts. This contention cannot be maintained. A trustee of an express trust may sue -without joining with him the beneficiaries: Code Civ. Proc., sec. 369.

The amount found due by the court is justified by the evidence.

The mortgage provides that upon default of payment the mortgagee, or his assigns, “may foreclose this mortgage, and may include in such…