Denton v. Maple

Citations

• 92 Wash. 290
• 158 P. 1001
• 1916 Wash. LEXIS 1151

Syllabus

<p>Judgment — -Bab—Matters and Persons Concluded. A friendly partition suit pending administration, dividing the property of an estate between the heirs, is not an estoppel against the claims of an administratrix de bonis non against the first administrator for moneys unaccounted for, and does not exempt from liability that part of the estate of the ancestor then in course of administration.</p> <p>Same. Judgment in such a partition suit, awarding the property “free of all claim and interest” of the other party thereto, estops a party from asserting the lien of a personal judgment against the executor, since its terms were broad enough to impress third parties with the understanding that it is a final settlement of all personal obligations held by either party.</p> <p>Executors and Administrators — Mortgage by Heirs — Claims— Preference. An executor cannot mortgage his share of the estate, pending administration, or defeat the interest of heirs by his voluntary act, so as to affect the lien of a judgment against him for moneys unaccounted for.</p> <p>Executors and Administrators — Claims—Rights of Mortgagee —Foreclosure and Sale Pending Administration. A mortgagee of property in course of administration may, pending administration, not only foreclose, but may pursue his remedy by foreclosure sale, independently of the probate proceeding, notwithstanding his remedy in probate, under Rem. & Bal. Code, §§ 1528, 1530, and 1483; and thereby he waives his right to any deficiency judgment.</p>