Sichel v. De Carrillo
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Santa Clara. John Eains died on the 17th day of November, 1862, and E. K. Dunlap was, on the 5th day of January, 1863, appointed the administrator of his estate.
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Appeal from the District Court of the Third Judicial District, County of Santa Clara. John Eains died on the 17th day of November, 1862, and E. K. Dunlap was, on the 5th day of January, 1863, appointed the administrator of his estate. The administrator first published notice to the creditors of deceased on the 28th day of February, 1863. The notes fell due September 14th, 1863. This action was commenced on the 29th day of October, 1864. The Court below allowed the plaintiff one thousand dollars for counsel fees in foreclosing the mortgage. The administrator of Eains was not made a party to…
1Opinion of the Court
By the Court, Sawyer, C. J.:
On the 11th of November, 1862, John Bains executed the notes in suit, payable one year after date, for his own private debts. On the same day Bains and his wife, Maria Merced Bains, now Mrs. Carrillo, one of the defendants, to secure the payment of the promissory notes, executed the mortgage in question, upon lands which were the separate property of the wife, Mrs. Bains—the wife thereby mortgaging her own separate property to secure her husband’s debts, for which neither she nor her property was otherwise liable. John Bains having died, an administrator was duly…
2Cases cited8 opinions
- Fallon v. ButlerCalifornia Supreme Court · 1862
- Lincoln v. BattelleNew York Supreme Court · 1831
- Willis v. FarleyCalifornia Supreme Court · 1864
- Calderwood v. PyserCalifornia Supreme Court · 1866
- Carpentier v. GardinerCalifornia Supreme Court · 1865
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3Cited by40 opinions
- Faires v. CockerellTexas Supreme Court · 1895
- Bull v. CoeCalifornia Supreme Court · 1888
- Sather Banking Co. v. Arthur R. Briggs Co.California Supreme Court · 1903
- Wood v. GoodfellowCalifornia Supreme Court · 1872
- Moore v. JenkinsTexas Supreme Court · 1919
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