Thomas

This action was brought to foreclose a mortgage executed in favor of the plaintiff by the administrator of Mary E. Parker, deceased. The purpose for which the mortgage was given seems to have been to borrow money with which to pay certain debts .of the decedent contracted in her lifetime, and to pay expenses *457 of administration, family allowance, etc. The defendants are the husband, who is also the administrator of Mrs. Parker’s estate, and her minor children. Demurrers were filed to the complaint and overruled, the defendants then answered the complaint, and upon evidence given in the premises, findings being waived, the trial court entered a decree of foreclosure in accordance with the prayer of the complaint. From the judgment thus made this appeal is taken on the judgment roll and bill of exceptions.

One of the grounds upon which a reversal of the judgment is demanded is, that the petition which was filed by the administrator when seeking to obtain the order of the probate court to mortgage the real estate of his decedent was insufficient, and did not therefore give that court jurisdiction to make the order. The law under which this proceeding can be had is to be found in…