Locke

When this case was in Department the opinion hereto annexed was prepared by Mr. Commissioner Chipman. After due consideration of the case, we are satisfied with that opinion and with the conclusions therein reached, and that the judgment of the court below should be modified in accordance with the directions of said opinion. Therefore, for the reasons given in that opinion, the decree of foreclosure and the order settling the receiver’s account are affirmed, and *233 the court is directed to cause the net proceeds of the crops in the hands of the receiver to he paid to the defendant administratrix.

McFarland, J., Harrison, J.,

Garoutte, J., Van Fleet, J., Temple, J.

This is an action for the foreclosure of a mortgage. The pleadings are verified. The complaint was filed June 19, 1896, and alleged, among other things, that the entire estate of which defendant was administratrix, including the mortgaged premises, was appraised at a value less than the mortgage debt, and that said mortgaged “premises are inadequate for the satisfaction of said indebtedness, and will not probably sell for enough to satisfy the decree in this case.” The complaint prayed for the appointment of a…