Schadt v. Heppe
California Supreme Court
Appeal from the District Court of the Sixth Judicial District, County of Sacramento. On the 29th day of September, 1868, the note in'suit was executed by Jacob Heppe, and the mortgage was also given to secure the same by said Jacob, and Henrietta, his wife. The note was for three thousand dollars, and fell due two years after date.
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Appeal from the District Court of the Sixth Judicial District, County of Sacramento. On the 29th day of September, 1868, the note in'suit was executed by Jacob Heppe, and the mortgage was also given to secure the same by said Jacob, and Henrietta, his wife. The note was for three thousand dollars, and fell due two years after date. Suit was commenced to foreclose the mortgage in December, 1871. The complaint averred that the premises had been set apart by the Probate Court, for the use of the widow and family. The answer set up, as a defense, that the claim had not been presented to the…
1Opinion of the Court
By the Court, Belcher, J.:
The plaintiff did not present his note and mortgage to the administrator for allowance within ten months after the first publication of notice to creditors, nor within ten months after they became due; and the only question is, whether they thereby became barred under the provisions of section one hundred and thirty of the Probate Act.
The mortgage was executed by Jacob Heppe and- his wife, upon a lot in the City of Sacramento, then held and owned by them as common property, to secure his individual note.
On the 20th day of February, 1870, and before the note became…
2Cases cited3 opinions
- Sichel v. De CarrilloCalifornia Supreme Court · 1871
- Christy v. DanaCalifornia Supreme Court · 1868
- In re Estate of OrrCalifornia Supreme Court · 1865
3Cited by10 opinions
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- Haynes, Admx. v. City Nat. Bank of LawtonSupreme Court of Oklahoma · 1912
- Harp v. CalahanCalifornia Supreme Court · 1873
- O'Doherty v. TooleArizona Supreme Court · 1887
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