Security Savings Bank v. Connell
California Supreme Court
Appeal from a judgment of the Superior Court of San Luis Obispo County. Action to foreclose a mortgage. The facts are stated_in the opinion of the court.
1Opinion of the Court
The Court.
The claim being one secured by mortgage, and the plaintiff in its complaint having expressly waived all *575recourse against any property of the estate other than the mortgaged premises, it was not necessary to present such claim to the administratrix for allowance or rejection. (§ 1500, Code Civ. Proc. as amended in 1876.) Therefore it was not necessary that plaintiff should set forth in its complaint any such presentation.
Judgment reversed and cause remanded with directions to overrule the demurrer of the administratrix, with leave to her to answer the complaint within ten days after…
2Cited by4 opinions
- Berry v. ScottIdaho Supreme Court · 1927
- Dreyfuss v. GilesCalifornia Supreme Court · 1889
- Martin v. SaxtonUtah Supreme Court · 1916
- Anglo-Nevada Assurance Corp. v. NadeauCalifornia Supreme Court · 1891