Salmina

— Plaintiff averred that he and one -' Gambetta, now deceased, were partners in the business of farming, dairying, and stock-raising; that they owned, as such partners, certain personal property and also certain land; that in order to raise money for said business they borrowed two thousand six hundred dollars of the defendant Even, and as security therefor executed a mortgage upon said land to said Even; and that although said mortgage appears upon its face to have been executed by them as tenants in common, it was really executed by them as partners and for partnership purposes. The history of the alleged partnership, and many facts concerning it, are set forth in the complaint. It is then averred that Gambetta died, and that defendant Juri is his executor; that the said mortgage was not presented to said executor, and that the time for presenting the same has expired; that plaintiff, as surviving partner, has disposed of all the other partnership property and accounted for the same, and that there is no property other than said land out of which said debt to Even can be paid, and that Even threatens to enforce payment of the whole thereof against plaintiff. The prayer is, that…