Scamman

About November 20, 1894, Francesca B. Scam-man, as executrix of the last will of Henry Scamman, deceased, brought an action in the superior court in and for the county of Butte to foreclose a mortgage executed by A. Bonslett, August 1, 1889, to secure the payment of his promissory note for eight thousand five hundred dollars of even date, payable five years after date, with interest made and payable in this state.

The complaint averred that the defendant, A. Bonslett, had been on the-day of October, 1894, adjudged and declared to be an insolvent debtor upon his petition filed under the Insolvent Act of 1880, and that E. E. Biggs had been elected, etc., as the assignee of said insolvent, had qualified as such, and that all of the estate of the insolvent had been assigned to him.

That the mortgaged property was insufficient to satisfy the mortgage. The assignee, as well as Bonslett, were made defendants.

The complaint did not pray for a deficiency judgment against Bonslett in ease there should be a deficiency after the sale of the mortgaged property.

L. L. Green was also made a defendant upon the ground that he had or claimed some interest in the mortgaged premises. He answered…