Britton v. Wilson

(after stating the facts above).

The validity of Washam’s lien is not questioned. In her special answer to the plaintiff’s suit the defendant, in avoidance of the trustee’s sale and deed, set up the administration upon the estate of the deceased, presentment by Washam of his claim, and its approval by the probate court as a third class claim, secured by lien of the deed of trust upon the land. She here seeks to sustain the judgment upon the theory that the probate court had exclusive jurisdiction to foreclose the lien, for which reason the trustee’s sale passed no title.

The question at issue…