Sullivan v. Sheets
Supreme Court of Colorado
Error to the County Court of La Plata County. The matters here in controversy are now before this court for the second time. See Reid v. Sullivan, 20 Colo. 498. In the former case Sullivan, the holder of certain secured notes, brought his action in the district court for the purpose of foreclosing upon certain deeds of trust; such action having been brought before the claims forming the basis of the action were presented for probate.
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Error to the County Court of La Plata County. The matters here in controversy are now before this court for the second time. See Reid v. Sullivan, 20 Colo. 498. In the former case Sullivan, the holder of certain secured notes, brought his action in the district court for the purpose of foreclosing upon certain deeds of trust; such action having been brought before the claims forming the basis of the action were presented for probate. The district court sustained the proceeding and rendered a judgment in favor of plaintiff. Upon review in this court, it was held that the statute of nonclaims…
1Opinion of the Court
Chiee Justice Hayt
delivered the opinion of the court.
Is a security creditor deprived of the benefit of his lien in case his claim is not presented to the court of probate until after the date set and advertised for the presentation of claims, in cases where more than one year has elapsed since the death of the decedent, but where such claim is presented and allowed while the estate is still in process of settlement, and before the final discharge of the administrator?
The claim not having been presented to the county coui't for allowance prior to the former review, this question was expressly…
2Cited by3 opinions
- Lewis v. HamiltonSupreme Court of Colorado · 1899
- Willis v. NeilsonColorado Court of Appeals · 1973
- Townsend v. ThompsonSupreme Court of Colorado · 1897