Capitol Building & Loan Ass'n v. Ross

The opinion of the court was delivered by

Harvey, J.:

This is an action, to foreclose real-estate mortgages— two mortgages on the same real property, to the same mortgagee, foreclosed in the same action. The trial court made findings of fact and rendered judgment for plaintiff. The point presented here may be made clear by setting out the fourth finding, which is as follows:

“4. The court further finds that the mortgages set out in plaintiff’s first and second causes of action are mortgages securing contract notes of even date; that the contract note in the fifth provision in each purports to…