Edgerton v. Schneider
Wisconsin Supreme Court
APPEAL from the Municipal Court of Ripon. Foreclosure of a mortgage executed by one Cooper, in 1864, to secure his note payable in 1867. Cooper died in December, 1864, testate, and in February, 1865, letters testamentary were issued to his executor, and an order was made by the probate court, and duly published, limiting the time within which claims should be presented against the estate, to six months from the date of the order.
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APPEAL from the Municipal Court of Ripon. Foreclosure of a mortgage executed by one Cooper, in 1864, to secure his note payable in 1867. Cooper died in December, 1864, testate, and in February, 1865, letters testamentary were issued to his executor, and an order was made by the probate court, and duly published, limiting the time within which claims should be presented against the estate, to six months from the date of the order. The plaintiff did not present the note or mortgage in suit for allowance, and they were never allowed as a claim against the estate. In October, 1865, the executor…
1Opinion of the CourtPaine, J.
We shall not attempt to determine what may be the effect, if any, of presenting a note secured by mortgage to the commissioners appointed by the probate court to hear claims against the estate of the deceased mortgagor, and its allowance by them, upon the right of the holder to pursue his remedy by foreclosure. Nor shall we attempt to determine the effect of a failure to present such note to such commissioners, within the time limited by the order of-the probate court for the presentation of claims, in respect to the question whether all further remedy upon the note would be barred.
According…
2Cases cited1 opinion
- Wiswell v. BaxterWisconsin Supreme Court · 1866
3Cited by9 opinions
- Hayes v. FreyWisconsin Supreme Court · 1882
- Nickum v. GastonOregon Supreme Court · 1893
- Satterlund v. BealNorth Dakota Supreme Court · 1903
- Kornitz v. Commonwealth Land Title InsuranceWisconsin Supreme Court · 1978
- Reid v. SullivanSupreme Court of Colorado · 1895
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