Campbell v. Kamaiopili
Hawaii Supreme Court
In Equity —Appeal erom Decree oe the Chancellor. The complainants, assignees of a mortgage of real estate, brought a bill of foreclosure against the mortgagor’s heirs, who pleaded the Probate Act of 1868 in bar. The Act is entitled “An Act to limit the time within which claims of creditors against the estates of deceased persons shall be presented and suits be commenced on rejected claims.”
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In Equity —Appeal erom Decree oe the Chancellor. The complainants, assignees of a mortgage of real estate, brought a bill of foreclosure against the mortgagor’s heirs, who pleaded the Probate Act of 1868 in bar. The Act is entitled “An Act to limit the time within which claims of creditors against the estates of deceased persons shall be presented and suits be commenced on rejected claims.” It requires executors and administrators to “ publish notice to all creditors to present their claims, duly authenticated, and with the proper vouchers, if any. exist, even if the claim be seemed by…
1Opinion of the Court
Hartwell «J.,
delivered the decision of the Court, as follows:
The Act in allowing so short a time to present and sue claims, is highly penal in its effects, and must not be extended, beyond its clear and reasonable meaning. 8 Lansing, 27, and cases there cited. Claims against executors or administrators are barred if not presented within the time prescribed; but it does not follow that claims against the land, on contracts made expressly binding on heirs, are barred as against the land itself, or the heirs. A mortgage deed of land conveys to the mortgagee his heirs and assigns, a vested right…
2Cases cited4 opinions
- Trustees of the Wabash & Erie Canal Co. v. BeersSupreme Court of the United States · 1863
- Pratt v. HugginsNew York Supreme Court · 1859
- Joy v. AdamsSupreme Judicial Court of Maine · 1846
- Kilbourne v. St. JohnNew York Court of Appeals · 1874
3Cited by8 opinions
- Kawauchi v. TabataHawaii Supreme Court · 1966
- Kaikainahaole v. AllenHawaii Supreme Court · 1902
- Allen v. LucasHawaii Supreme Court · 1903
- Hilo v. LiliuokalaniHawaii Supreme Court · 1904
- Maile v. CarterHawaii Supreme Court · 1905
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