Moore v. Miller

The opinion of the court was delivered by

Johnston, C. J.:

On February 12, 1910, A. B. Miller executed a promissory note of $1,000 in favor of Cereña Hoss, and to secure its payment executed a mortgage on real property in Eureka. Later, and on September 15, he executed a second mortgage on the same property to secure a note given to Charles E. Moore for $225, on which only $76.03 was paid. In February, 1923, Miller died, and in March, 1923, Moore commenced this action on his note and mortgage, making the heirs of Miller and the administrator of his estate, as well as Cereña Hoss, defendants,…