Finger

This is an appeal from an order of the superior court in and for the county of Santa Barbara, granting a writ of assistance in favor of Alex. Lyall and against the appellant.

The facts disclosed by the record show that on the sixth day of June, 1890, George McCaughey, defendant’s intestate, executed to H. J. Finger a mortgage upon the land described therein, to secure the payment of his promissory note for five hundred dollars and interest. McCaughey died, and Susan McCaugh *60 ey, Ills widow, was appointed, and is still, the administratrix of his estate.

The claim of'.Finger was presented to the administratrix and allowed by her, and the allowance approved by the judge of the superior court.

Finger brought suit to foreclose his mortgage, making the administratrix a party defendant. A notice of Us pendens was filed, etc. Defendant was duly served with summons and made default.

A decree in foreclosure in the usual form was entered, under which a sale was had and Alexander Lyall became the purchaser. ISTo redemption having been made, Lyall in due time received a sheriff’s deed, which he presented to appellant and demanded possession as in the decree provided for, and, upon her…