Patrick v. Dunbar

This is an action of contract to recover a deficiency on a mortgage note after the application of the net proceeds of a foreclosure sale. Damages were assessed in favor of the plaintiff on January 15, 1935. On February 7, 1935, the defendant filed a representation in the Probate Court that the estate of the testatrix was insolvent and a decree was entered reciting that it appeared that said estate would probably be insufficient for the payment of her debts, and appointing commissioners to receive and examine claims against the estate and to return. a list of *102claims presented to them with the…