Morton v. Adams

Citations

• 124 Cal. 229
• 56 P. 1038
• 1899 Cal. LEXIS 976

Syllabus

<p>Judgment Lien—Death op Judgment Debtor.—The lien of a judgment docketed against the judgment debtor during his lifetime is not released or affected by his death pending the time limited by the statute for the continuance of such lien.</p> <p>Id.—Presentation op Judgment—Continuance op Lien—Merger.—The fact that the judgment is required to he presented as a claim against the estate of the judgment debtor, and to be paid in the due course of administration, and is not enforceable by execution, is not inconsistent with the continuance of the lien, which is ranked with the recognized lien of a mortgage; and the presentation and allowance of the judgment as a claim does not destroy or merge the judgment lien.</p> <p>Id.—Allowance of Claim not a Judgment—Merger op Judgments.— The allowance of a claim is not, in any true sense, a judgment; and none of the grounds upon which one judgment has been held to he merged in another, apply to the ease of the allowance of a judgment as a claim against an estate.</p>