Boyd

On August 4, 1884, the defendants made to plaintiff their joint and several promissory note for the sum of two thousand dollars, payable two years after date; and at the same time, to secure the payment of said note, executed to plaintiff a mortgage on certain lands, situate in the county of Lassen.

This action was commenced in Lassen County on July 28, 1890, to foreclose the mortgage and to obtain a personal judgment for deficiency, etc. Copies of the note and mortgage were set out in and made parts of the complaint. The complaint was not verified.

James T. Boyd, for himself alone, filed and served the following— an unverified answer: —

Plaintiff’s attorney moved, on the complaint and answer, to strike out this answer, on the grounds that it was “sham and irrelevant, because the allegations of the complaint are admitted,” and “ that said answer is not filed in good faith.”

The court granted the motion and decreed a foreclosure, to all which defendant excepted.

From this final decree the defendant, James T. Boyd, brings this appeal on the judgment roll, containing a bill of exceptions showing the facts above stated.

1. Counsel for appellant contend that the answer raised a…