WILLIAMS, C.J.
This action was commenced by American Discount Corporation against Saratoga West, Inc., to foreclose a real estate mortgage. After the action was instituted, Mission Ridge Estates, a limited partnership, filed a complaint in intervention based upon unsecured promissory notes issued by Saratoga West. Following a hearing, judgment was entered denying such complaint and foreclosing the mortgage. Mission Ridge's appeal, in which it was successful,
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