Hibernia Savings & Loan Society v. Conlin

Citations

• 67 Cal. 178
• 7 P. 477
• 1885 Cal. LEXIS 594

Syllabus

<p>Estate of Deceased Person—Presentation of Claims.—Only such claims are. required to be presented to the personal representative of a deceased person as when allowed will rank among the acknowledged debts of the estate to be paid in due course of administration.</p> <p>Id.—Mortgage to Seocbe Debt of Another—Statute of Limitations__Where a mortgage is given to secure the debt of a third person, and the mortgagor afterwards dies, the claim arising on the mortgage is not required to be presented to his personal representative, nor will its presentation and allowance affect the running of the Statute of Limitations against the mortgage.</p> <p>Id.—Accruing of Cause of Action.—The doctrine of Tynan v. Walker, 35 Cal. 634, that the accruing of the cause of action and the running of the Statute of Limitations do not depend upon the' existence of a person competent to sue, applied to the present case, the mortgagor having died before the mortgage debt became due.</p> <p>Id.—Judgment tor Taxes and Insurance—Pleading. —In an action to foreclose a mortgage, the judgment should not include the amount of taxes and insurance paid by the mortgagee on the mortgaged property, unless the complaint alleges their payment.</p>