Dake v. Woodcock

Kirby, J.,

(after stating tbe facts). Appellant insists that the court erred in decreeing a foreclosure upon tbe mortgage and tbe rendition of tbe decree against tbe executor, tbe claim against the estate of Emily Dake not having been probated and being barred by tbe statute of nonclaim. Tbe suit was properly brought for foreclosure of tbe lien against tbe property mortgaged or conveyed by tbe deed of trust without probation of a claim against tbe estate of one of tbe makers, deceased, of the secured note. No judgment was sought against the estate of the decedent, but only foreclosure of the…