Estates of Decedents — Mortgage—-Presentation of Claim. —In order to present a mortgage as a claim against the estate of a deceased mortgagor, it is necessary either to accompany the claim by a copy of the mortgage, or to describe it by reference to the date, volume, and page of its record. It is not sufficient to present the copy of the note which states that it is secured by mortgage of even date therewith.

Id.—Foreclosure of Mortgage not Presented — Pleading — Waiver of Deficiency—Support of Judgment.—In foreclosing a mortgage not presented to the administrator of a deceased mortgagor, in order that the plaintiff may avail himself of the provisions of section 1500 of the Code of Civil Procedure, there must he an express waiver in "the complaint of all recourse against the estate for deficiency; and a judgment foreclosing the mortgage without a judgment for deficiency, and without an allowance of counsel fees, cannot he supported, where the complaint mistakenly alleges a presentation of the mortgage to the administrator, and does not contain an express waiver of claim for deficiency against other property of the estate.

Id.—Appeal—Reversal of Judgment — Amendment of Complaint.— In such a case, the judgment of foreclosure will he reversed for want of a proper pleading to support it; but the plaintiff will be allowed leave to amend his complaint so as to allege an express waiver of recourse against all other property of the estate than the mortgaged premises, and of all claim for allowance of counsel fees.

Id. —Presenting Note without Mortgage — Waiver of Mortgage.— The presentation of a note secured by mortgage as a claim against the estate of the deceased mortgagor, without a presentation of the mortgage, does not have the effect to waive the mortgage, when there was no intention to waive or abandon it, but it was evidently supposed that the presentation of the note was a presentation of the mortgage also.

Foreclosure of Mortgage — Agreement for Sale in Parcels — Validity of Contract—Decree. — When a mortgage contains an express stipulation for the sale of the premises in one large parcel, and in several other smaller parcels, the decree of foreclosure may direct the sale to be made accordingly.