Scammon v. Ward
Washington Supreme Court
Appeal from District Court, Klickitat County. This is a special proceeding brought in the probate court, under §§ 1523 and 1524 of Code Wash. T., by Justin Scammon, to require the executrix of the estate of William GL Ward, deceased, to redeem certain real estate in Klick-itat county mortgaged by said Ward during his lifetime, or for an order to sell said premises to satisfy said mortgage.
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Appeal from District Court, Klickitat County. This is a special proceeding brought in the probate court, under §§ 1523 and 1524 of Code Wash. T., by Justin Scammon, to require the executrix of the estate of William GL Ward, deceased, to redeem certain real estate in Klick-itat county mortgaged by said Ward during his lifetime, or for an order to sell said premises to satisfy said mortgage. The said Ward died on the 8th day of June, 1887, leaving a will and naming Elizabeth Ward as executrix, but the mortgaged premises were not specifically devised. The will was admitted to probate August 22,…
1Opinion of the Court
The opinion of the court was delivered by
Scott, J.
Plaintiff instituted this proceeding in the probate court of Klickitat county, under 1523 and 1524 of the code, to require said executrix to redeem certain lands from the lien of a mortgage given to the plaintiff by William G. Ward, who died in June, 1887, leaving a will. In August, 1887, the probate court of said county admitted said will to probate, and appointed defendant executrix thereof. A notice to creditors was duly published under code, § 1465, in September, 1887. The claim secured by the mortgage was not presented to the executrix.…
2Cases cited4 opinions
- Allen v. MoerSupreme Court of Iowa · 1864
- Douglas v. WallaceOhio Supreme Court · 1841
- McClure v. OwensSupreme Court of Arkansas · 1877
- Willard v. Van LeeuwenMichigan Supreme Court · 1885
3Cited by11 opinions
- Barto v. StewartWashington Supreme Court · 1899
- Kirman v. PowningNevada Supreme Court · 1900
- Gleason v. HawkinsWashington Supreme Court · 1903
- Macdonald v. O'SheaWashington Supreme Court · 1910
- Reid v. SullivanSupreme Court of Colorado · 1895
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