Reid v. Sullivan
Supreme Court of Colorado
Appeal from the District Court of La Plata County. John Reid in his lifetime, executed certain promissory notes, securing the same by deeds of trust upon real estate. Afterwards Reid died, leaving such notes unpaid, and also unsecured debts aggregating a large amount. Letters of administration upon Reid’s estate were duly issued, but the secured notes were not presented to the county court for allowance prior to the institution of the present action, or at all.
Read the full summary
Appeal from the District Court of La Plata County. John Reid in his lifetime, executed certain promissory notes, securing the same by deeds of trust upon real estate. Afterwards Reid died, leaving such notes unpaid, and also unsecured debts aggregating a large amount. Letters of administration upon Reid’s estate were duly issued, but the secured notes were not presented to the county court for allowance prior to the institution of the present action, or at all. An effort was, however, made to sell under the powers conferred by the deeds of trust, but the sales were enjoined by the county…
1Opinion of the CourtChief Justice Hayt
This record presents an important question, viz.: Under *501Colorado statutes may creditors whose claims are secured by deeds of trust upon real estate of the debtor, foreclose after the death of the debtor, before such claims are allowed against the estate in the course of administration ?
Following the order of argument pursued by counsel, we will first consider the general statute of nonelaims of this state, — Mills’ An. Stats., sec. 4780. Appellants contend that, under the fourth subdivision of the act, appellee’s claim is absolutely barred. The language of the section is: “ All other debts…
2Cases cited23 opinions
- Duty v. GrahamTexas Supreme Court · 1854
- Stephens v. ClaySupreme Court of Colorado · 1892
- Sichel v. De CarrilloCalifornia Supreme Court · 1871
- Judy v. KelleyIllinois Supreme Court · 1849
- Pitte v. ShipleyCalifornia Supreme Court · 1873
18 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lipschitz v. PeopleSupreme Court of Colorado · 1898
- Thompson v. WhiteSupreme Court of Colorado · 1898
- Foot v. BurrSupreme Court of Colorado · 1907
- Ross v. LewisNew Mexico Supreme Court · 1917
- Lewis v. HamiltonSupreme Court of Colorado · 1899
4 more not listed; retrieve them via the Exa API.