Depauli

This is a suit to foreclose a chattel mortgage of date February 27, 1902, for the sum of $6,000, etc. The complaint was filed February 4, 1904, and the defendant made default. The appellant is the holder of a note made to him by the defendant for the sum of $1,134.56 of date December 18, 1899, and having commenced his action January 2, 1904, and having recovered judgment against the defendant for $988.61 February 11, 1904, he filed his complaint in intervention in this case February 14, 1904. The complaint in intervention, besides the above facts, alleges: That in a proceeding in bankruptcy pending in the district court of the United States for the southern district of California, the defendant was adjudged a bankrupt; that no assignee has as yet been elected by the creditors, and that none can be or will be appointed until after the time at which judgment may be entered in this case, etc.; that the mortgage in suit was given in the sum of $6,000 to secure an indebtedness not greater than $2,000, and with the design and purpose of hindering, delaying, and defrauding the intervener and other creditors of the defendant; and, finally, that the suit was brought with the consent and…