Falkner v. Folsom's Executors

Citations

• 6 Cal. 412

Syllabus

<p>A mortgage debt, due by the estate of a deceased person, stands in the same position as any other debt, and its allowance by the executor and Probate Judge gives to the claim all the virtues and properties which a judgment against executors can have under our system.</p> <p>There being no necessity for a foreclosure suit against an estate, where the claim has been allowed, and the policy of the law being against burdening an estate with unnecessary costs, such a bill will not lie.</p>