Corbett v. Rice
Nevada Supreme Court
Appeal 'from a judgment of the District Court of the Second Judicial District, Ormsby County, Hon. S. H. Wright presiding. The facts are stated in the Opinion. This is a proceeding in rem, and Chapcery has jurisdiction. (21 Cal. p. 24; 9 Cal. 125; 10 Cal. 380-555; 4 John. Ch. Cases, 616 ; 9 Cal. 426.) The section of the Probate Act which prohibits sales except by order of the Probate Court, refers only to sales made by executors or administrators.
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Appeal 'from a judgment of the District Court of the Second Judicial District, Ormsby County, Hon. S. H. Wright presiding. The facts are stated in the Opinion. This is a proceeding in rem, and Chapcery has jurisdiction. (21 Cal. p. 24; 9 Cal. 125; 10 Cal. 380-555; 4 John. Ch. Cases, 616 ; 9 Cal. 426.) The section of the Probate Act which prohibits sales except by order of the Probate Court, refers only to sales made by executors or administrators. It does not prohibit judicial sales. (14 Cal. 641; 15 Cal. 256; 18 Cal. 292; 21 Cal. 24.) An allowed claim occupies the same position against an…
1Opinion of the Court
Opinion by
Beatty, J., Brosnan, J., concurring in the judgment.
This was a bill filed to foreclose a mortgage executed by the testatrix, and after her death presented with the accompanying note to the executors, and allowed as a valid claim against the estate. The defendants demurred to the bill, and that demurrer was sustained and judgment rendered in favor of the defendants.
The ground of the demurrer was that the District Court, acting as a Court of Equity, had no jurisdiction to hear or determine the cause ; that it was a matter exclusively cognizable in the Probate Court.
The only question…
2Cases cited2 opinions
- Fallon v. ButlerCalifornia Supreme Court · 1862
- Falkner v. Folsom's ExecutorsCalifornia Supreme Court · 1856
3Cited by2 opinions
- Rickards v. HutchinsonNevada Supreme Court · 1883
- Killgrove v. MorrissNevada Supreme Court · 1916