Humboldt Savings & Loan Society v. Dowd

COOPER, C.

Action to foreclose a mortgage. Plaintiff had judgment. Defendants made a motion for a new trial, which was denied, and this appeal is from the judgment and order. The facts are substantially as follows: On January 8, 1886, Jeremiah O’Connell was the owner of the premises described in the complaint, and on said day he and his wife, Annie, executed and acknowledged a mortgage to the plaintiff bank to secure the payment of a promissory note for $3,500 of even date, due two years thereafter. In course of time, Jeremiah O’Connell died, leaving surviving him his wife, Annie, and five…