Ellissen v. Halleck
California Supreme Court
Appeal from the District Court of the Twelfth Judicial' District. The plaintiff filed his bill of foreclosure against H. W. Halleck, A. C. Peachy and P. W. Van Winkle, executors, etc., of J. L. Folsom, deceased, and others, to foreclose a mortgage made by J. L. Folsom.
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Appeal from the District Court of the Twelfth Judicial' District. The plaintiff filed his bill of foreclosure against H. W. Halleck, A. C. Peachy and P. W. Van Winkle, executors, etc., of J. L. Folsom, deceased, and others, to foreclose a mortgage made by J. L. Folsom. There is an allegation in the complaint, that in accordance with the terms of the note and mortgage sued on, plaintiff had, after the expiration of six months from the date of said note and mortgage, and after the death of Folsom, made written demand of his said executors for the payment of the whole amount due thereon within…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Heydenfeldt concurred.
The 136th section of the Act to regulate the estates of deceased persons, page 396 Compiled Laws, provides that “ no holder of any claim against an estate shall maintain any action thereon, unless the claim shall have been first presented to the executor or administrator.” It is *393further provided, that every claim shall be accompanied with the affidavit of the holder, that the amount is justly due, and that no payments have been made thereon.
If the claim is allowed, it shall be paid in the due…
2Cited by25 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Burke v. MaguireCalifornia Supreme Court · 1908
- Fallon v. ButlerCalifornia Supreme Court · 1862
- Western Salt Co. v. City of San DiegoCalifornia Supreme Court · 1919
- Hentsch v. PorterCalifornia Supreme Court · 1858
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