Toston

The second amended complaint filed by plaintiff-appellant in the court below alleged that, prior to June 14, 1934, he was the owner of certain described real property and on said date executed a promissory note in the sum of $2,800 in favor of the defendant-appellee with interest at 6% per annum; that on the same day, as a part of the same transaction, plaintiff made a mortgage of the real property above referred to in favor of the payee of the promissory note as security therefor, which mortgage was delivered to defendant and afterwards recorded. This complaint further alleged that on said June *561 14, 1934, the plaintiff- made a promissory-note to the same payee in the sum of $196, with interest at 7%, secured by a “second” mortgage on the same property, which recited that it was subject to the prior mortgage of the same date; that thereafter, when plaintiff was in default on the note for $196, the defendant procured a judgment of foreclosure of said second mortgage; that the premises were sold to defendant for the sum of $407.15; that the sale was made subject to the senior mortgage (first above referred to) and the certificate of sale so recited. It appears in the complaint…