Knock v. Bunnell

HAYNE, C.

The transcript in this ease is improperly entitled: Simpson v. Applegate, 75 Cal. 345, 17 Pac. 237. The action was brought to foreclose a mortgage executed by one H. C. Stockton, since deceased. No claim was presented to the administrator, the plaintiff having waived in his complaint all recourse against any property of the estate other than the mortgaged property. Judgment passed for the plaintiff, and the defendant appeals. The main ground relied upon for the reversal is that a homestead existed upon the property, and that, therefore, a claim should have been presented under the…