Collins

This is an appeal from a decree foreclosing a $15,000 mortgage on certain real property situated in the city of Phcenix, Ariz., owned by appellant Collins, the mortgagor. The decree also ordered a personal judgment for $15,000 against Collins, to be satisfied, so far as possible, out of the proceeds of the sale of the mortgaged property, and authorized a deficiency judgment against him for the balance, if any. It was also adjudged and decreed that appellant Mosher, the mothep-in-law and attorney in fact of appellant Collins, has no right, title, or interest in the said property.

The note sued upon was executed in June, 1929, by Mrs. Mosher, who at the time purported to act for Collins, the note being signed “James D. Collins, by H. L. Mosher, ■ attorney in fact,” and was payable to appel-lee, Finley, the mortgagee. This note was a renewal of a previous note and mortgage given in 1926 and similarly executed. Mrs. Mosher held a general power of attorney from Collins on all of the dates mentioned, authorizing her to “mortgage and hypoth-ecate lands, tenements, and hereditaments, upon such terms and conditions, and under such covenants, as she shall think fit,” and for said Collins,…