Pitte v. Shipley

Citations

• 46 Cal. 154
• 1873 Cal. LEXIS 151

Syllabus

<p>Mortgage Claim must be presented to Executor for Allowance.— A mortgage given by the deceased upon property which, after his death, becomes general assets of the estate, must be presented for allowance to the executor or administrator and Probate Judge, within the time fixed for the presentation of claims against the estate[and if not so presented cannot be enforced in equity, even if no claim is made against the estate for a deficiency.</p> <p>Claim against Estate.—A verbal allowance of a claim against an estate’ by an executor or administrator, gives the claimant no cause of action.</p> <p>Construction of Statute.—A word repeatedly used in a statute will bear the same meaning throughout the statute, unless it is apparent that another meaning is intended.</p>