Hartley

On the 10th day of August, 1853, C. C. Waterhouse being indebted, to John Williams, to the use of Margaret Gish, in the sum of four thousand dollars, and to Jacob Gish, in the sum of two thousand dollars, executed to Williams, to the use aforesaid, two notes, one for two thousand dollars, payable on the 1st day of May, 1854, and the other, for a like amount, payable on the 1st day of August, 1854; and Jacob Gish two other notes, one for one thousand dollars, *65 payable on the 1st day of May, 1854, and the other, for a like sum, payable on the 1st day of August, 1854. On the same day. and to secure all of the above notes, he executed to Williams and Gish a mortgage on certain lands in Yolo county, which was duly acknowledged and recorded in the recorder’s office.

On the 18th of April, 1854, as appears from the endowment, Williams assigned to Wilson and Kirkpatrick the two thousand dollar note, falling duo on the 1st of May, 1854 ; and subsequent to that time all of the other notes were assigned to H. H. Hartley. It is agreed that Wilson and Kirkpatrick paid the full amount called for by the note which they purchased, and that Hartley paid for the notes purchased by him, at the…