Gleason v. Hawkins

Citations

• 32 Wash. 464
• 73 P. 533
• 1903 Wash. LEXIS 441

Syllabus

<p>MORTGAGES-DEATH OF MORTGAGOR-LIMITATION ON FORECLOSURE.</p> <p>A mortgage lien upon real estate, being capable of enforcement against tbe successors in interest of a deceased mortgagor, without the intervention of probate proceedings, an action to foreclose would be governed by the general statute (Bal. Code, § 47S'1) limiting right of action to six years.</p> <p>SAME-ENFORCEMENT AGAINST PERSONAL REPRESENTATIVE- — LIMITATIONS.</p> <p>Bal. Code, § 4810, which authorizes action within one year after the issuance of letters testamentary or of administration, in cases where the debtor died before the bar of the statute had intervened, is superseded by the later enactment of Id., § 4642, which provides that no real estate of a deceased person shall be liable for his debts unless letters testamentary or of administration be granted within six years from the date of death of such decedent,” and hence mortgage foreclosure proceedings against a decedent’s realty, brought within one year after the issuance of letters, but not until twenty years after the mortgagor’s death, were barred.</p> <p>SAME-CLAIM AGAINST MORTGAGOR’S ESTATE.</p> <p>Although the right of a creditor to enforce a mortgage lien against a decedent may be barred within six years, he is entitled to its allowance as a claim to be paid out of the decedent’s personal estate, when duly presented to the administrator, notwithstanding the fact that a period of twenty years may have elapsed between the death of the mortgagor and the appointment of his representative.</p> <p>SAME-PARTIES DEFENDANT-ESTOPPEL OF PLAINTIFF TO DISPUTE INTEREST.</p> <p>Where a mortgagee makes parties defendant to his action for foreclosure and seeks relief against them, under the allegation that they claim some interest in the premises inferior to his own, they have a right to insist that he set up a valid cause of action in himself before being called upon to plead their own title.</p>