Hibernia Sav. & Loan Soc'y v. Herbert

Citations

• 53 Cal. 375

Syllabus

<p>Necessary Parties to Foreclosure.—If a mortgagor convey all his interest in the mortgaged premises to a third person, and afterwards die before the commencement of the foreclosure suit, his personal representative is not a necessary party to the action, if no judgment for the deficiency be demanded.</p> <p>Statute or Limitations— Saving Clause.—In such a case, if the'mortgage be made to secure the payment of several promissory notes of the mortgagor, some of which matured more than four years before the death of the grantee of the mortgagor, and before the commencement of the action, such notes are not within the saving clause of sec. 353 of the Code of Civil Procedure, and are barred by the Statute of Limitations; but as to such of the notes as matured less than four years before the death of the grantee, the action will be in time if commenced within one year after the issuance of letters oi ■ administration on the estate of the grantee.</p>