Frew v. Clark

Citations

• 34 Wash. 561
• 76 P. 85
• 1904 Wash. LEXIS 384

Syllabus

<p>Appeal — Bond—Justification op Sureties. An appeal will not be dismissed because of defects in tbe form of tbe justification of tbe sureties on tbe appeal bond where no objection was made in the court below, as tbe objection is one going to tbe sufficiency of tbe sureties.</p> <p>Statute of Limitations — Claim Against Decedents — Action Upon Note and Mortgage — Death of Maker — Presentation of Claim Against Estate — Right of Action on Note Suspended by Death. Where the maker of a note secured by mortgage dies before the statute of limitations has run, the holder, upon presenting the claim to the administrator within the year limited to creditors, is entitled to have the same allowed against the estate, and such presentation will prevent the running of the statute of limitations against the note.</p> <p>Same — Right of Action on Mortgage — Barbed After Six Years From Maturity — Not Suspended by Death of Maker. But in such case the right of action upon the mortgage is barred after the lapse of six years after the maturity of the note, since the death of the maker did not suspend the right of action on the mortgage, and upon the allowance of the claim against the estate, the holder is not entitled to any preferential rights in the mortgaged property.</p>