Hibernia Savings & Loan Society v. Hayes
California Supreme Court
Appeal from a judgment in favor of the plaintiff, in the Fourth District Court, City and County of San Francisco. Morrison, J.
1Opinion of the Court
Ross, J.:
The mortgage for the foreclosure of which this action was brought was executed in March, 1872, and was made payable three years after its date. The mortgagor died in December, 1872. Administration upon his estate was had. Notice to creditors was published in February, 1873. The claim in suit was never presented to the representative of the estate for allowance; but the plaintiff, in 1877, commenced the present action, and in the complaint expressly waived all recourse against any other property of the estate than that embraced in the mortgage.
According to the law in force at the time…
2Cited by8 opinions
- Kerckhoff-Cuzner Mill & Lumber Co. v. OlmsteadCalifornia Supreme Court · 1890
- Steinbauer v. BondesenCalifornia Court of Appeal · 1932
- Teralta Land & Water Co. v. ShafferCalifornia Supreme Court · 1897
- Hall v. Fairchild-Gilmore-Wilton Co.California Court of Appeal · 1924
- McCann v. PennieCalifornia Supreme Court · 1893
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