Crane

On February 1,1888, Robert W. Forth made his promissory note to the defendant Barnard, for four hundred dollars, payable one year after date, with interest at one per cent per month, and to secure the *89 same executed to Barnard a mortgage of same date on a lot of land situate in the town of San Buenaventura, county of Ventura. May 28,1888, Forth died intestate. On June 16, 1888, the widow, Caroline, was appointed administratrix of Forth’s estate. Publication of notice to creditors to present their claims within four months was duly made, commencing on June 22,1888; but Barnard failed to present his note or mortgage within the four months, or at all. On March 14, 1889, Barnard assigned the note and mortgage to the plaintiff for a consideration of four hundred dollars, then paid, which was equal to the amount then due upon the note, the interest having been paid to Barnard up to the date of the assignment. The written assignment of the note and mortgage, made on a separate paper, contained the following clause: “And the party of the first part (assignor) does hereby make, constitute, and appoint the said party of the second part his true and lawful attorney, irrevocable, in his…