Johnston v. Butterfield

The appellant filed its note as a general claim against the estate of George L. Butterfield, deceased. The validity of the note as a claim against the estate was not questioned. The resistance thereto was made by the administrator *634and by certain other creditors of the decedent, and was predicated upon the fact that the estate was insolvent, and that the claimant had a mortgage upon the homestead of the decedent, and that it was bound first to exhaust such security, and was entitled to share with other creditors hi the general estate only as to any deficiency remaining after exhausting the…