Fawcett v. McGahan-mckee Lumber Co.
Supreme Court of Oklahoma
Error from District Court, Hughes County; - John Cciruthers, Judge. Action by the McGahan-McKee Lumber Company against L. S. Fawcett and others. Judgment for plaintiff, and defendants bring error.
1Opinion of the Court
Opinion by
AMES, C.
The -only question which requires attention is whether it is necessary for one who holds an indebtedness against the estate of a deceased person, which indebtedness is secured by a mortgage, to present his claim to the administrator, before bringing his action to foreclose. This question must be answered in the negative, under section 5277, Comp. Laws 1909 (Rev. Laws 1910, sec. 6338), which, after'providing that claims arising upon contracts must be presented within the time there specified, or be barred, says:
“Provided, further, that nothing in this section, nor in this act…
2Cases cited5 opinions
- Haynes, Admx. v. City Nat. Bank of LawtonSupreme Court of Oklahoma · 1912
- Hibernia Savings & Loan Society v. WackenreuderCalifornia Supreme Court · 1893
- Brocker, Adm'r v. StallardSupreme Court of Oklahoma · 1912
- Dreyfuss v. GilesCalifornia Supreme Court · 1889
- German Savings & Loan Society v. FisherCalifornia Supreme Court · 1891
3Cited by2 opinions
- Timmons v. Hanna Construction Co.Supreme Court of Oklahoma · 1935
- Beadenkopf v. SchwartzSuperior Court of Delaware · 1932