Falkner v. Folsom's Executors
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District. The plaintiffs filed their hill against the executors of Joseph L. Folsom, deceased, to foreclose a mortgage made by Folsom in his lifetime. The bill avers that the claim had been presented to the executors, and had been allowed by them and by the Probate J udge. The defendants demurred to the bill.
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Appeal from the District Court of the Twelfth Judicial District. The plaintiffs filed their hill against the executors of Joseph L. Folsom, deceased, to foreclose a mortgage made by Folsom in his lifetime. The bill avers that the claim had been presented to the executors, and had been allowed by them and by the Probate J udge. The defendants demurred to the bill. The demurrer was overruled, and no answer being filed by the defendants, the case was referred to a referee to compute the amount due, and take proof of the facts averred in the complaint. Upon the report of the referee, a judgment…
1Opinion of the CourtJustice Heydenfeldt
Mr. Chief Justice Murray and Mr. Justice Terry concurred.
This case differs from that of Ellissen v. Halleck et al. at this term, in that the claim of the complainants was duly presented to the executors, and duly allowed by them and by the Probate J udge. This gave to the claim all the virtues and properties which a judgment against executors can have under our system. This is apparent from the language of § 140 of the Act to regulate the settlement of estates, which provides that the effect of a judgment against an executor, etc., shall be only to establish the claim in the same manner as if…
2Cited by2 opinions
- Corbett v. RiceNevada Supreme Court · 1866
- Lloyd v. Hoo SueDistrict Court, D. California · 1878