Richey

The action was brought to foreclose a mortgage on 80 acres of land in Sacramento County, which was given to secure the payment of a promissory note for one thousand five hundred dollars, executed by James A. Butler and payable to the order of Joseph Roffy, which note and mortgage, at the commencement of the action, were alleged to be the property of the plaintiff.

A decree was entered, ordering foreclosure of said mortgage, the sale of the mortgaged property and the payment to plaintiff of one thousand five hundred dollars and interest from the proceeds of the sale. It was also decreed that said sale should be subject to an assessment lien of defendant, Reclamation District 1000, and that plaintiff take nothing as against said Reclamation District.

The appeal is by M. D. Butler, administrator, from the judgment. A reversal is urged upon the sole ground that the findings and the judgment are not supported by the evidence.

The note and mortgage in question were dated March 3, 1908, and the mortgage was acknowledged by James A. Butler on the sixteenth day of the same month. James A. Butler died February 22,1913, and M. D. Butler was duly appointed administrator of his estate and…