Vincent

This action was brought to foreclose a mortgage, executed by the defendant, H. J. Keymer, on lot 4, in block 13, of the city of Grass Valley, Nevada county. The mortgage *388 was dated September 26, 1892, and the complaint was filed September 2, 1896, naming as defendants W. J. Collins, assignee of the estate of H. J. Keymer, an insolvent debtor, H. J. Keymcr, Agnes Keymer and W. D. Harris. Due service of process was made on all of the defendants, but only H. J. Keymer, the mortgagor, appeared and answered, the defaults of the others being regularly entered.

The complaint alleges that on December 22, 1893, defendant H. J. Keymcr filed his petition in insolvency and was adjudged to be an insolvent debtor, and that thereafter the defendant W. J. Collins was duly appointed assignee of said insolvent’s estate and qualified as such, and that the clerk of the court duly conveyed and assigned to him all of the said estate.

The answer does not deny any of the averments of the complaint, but alleges that on December 20, 1893, said H. J. Keynmr filed a declaration of homestead on a portion of the said mortgaged lot, setting out therein the facts required in such case, and “that the…