Dreyfuss v. Giles

Citations

• 79 Cal. 409
• 21 P. 840
• 1889 Cal. LEXIS 741

Syllabus

<p>Mortgage—Estates op Deceased Persons—Presentation op Mortgage Claim — Distribution — Bes Adjudicata.—It is not necessary for a mortgagee to present the mortgage as a claim against the estate, when all claim is waived against any property of the estate except that described in the mortgage; and the settlement and distribution of the estate is no bar to the right to f orclose the mortgage against the distributee of the mortgaged land, or the grantee of such distributee.</p> <p>Appeal—Damages.—When an appeal is evidently taken for delay, damages will be imposed by this court.</p>