Prouty

Plaintiff, Prouty, was tbe owner of a mortgage executed by tbe defendant Mrs. L. A. Devin. He brought bis action seeking a decree establishing bis mortgage as a lien upon tbe property prior to that of a mortgage executed by Mrs. Devin and her husband to defendant Bates, which last mortgage was later in execution, but prior in recordation.

The undisputed facts are, that Mrs. Devin purchased the property upon which the mortgages were given, paying therefor eight thousand dollars, five thousand dollars of which was lent to her by defendant Bates, who is her father. For the remainder of the purchase price, three thousand dollars, she executed a mortgage. Mrs. Devin afterward discounted the joint noté of herself and husband, indorsed by plaintiff, Prouty, at the *259 National Bant of D. 0. Mills, and with, the proceeds discharged the mortgage. When this note became due payment was demanded of the makers and of the indorser. Finally the bank placed the note in the hands of its attorney, and notified Prouty and the Devins that if it was not paid on or before Saturday, December 27, 1890, suit would be commenced against them. Mrs. Devin came to Sacramento for the purpose of raising money…