Sichel v. De Carrillo

Citations

• 42 Cal. 493

Syllabus

<p>Effect of Statute of Limitations.—The expiration of the time fixed in the Statute of Limitations with reference to actions for money due on contracts, does not discharge the debt or extinguish the right, but only takes away the remedy.</p> <p>Mortgage Given by one Person to Secure Another’s Debt.—Where a promissory note is executed by one person, and a mortgage to secure the debt is given by another, and the payor of the note dies, and the holder thereof fails to present either the note or mortgage to his administrator for allowance within ten months after publication of notice to creditors, although the claim is barred as against the estate, yet the mortgage remains in full force as against the mortgagor and the mortgaged property, and may be foreclosed at any time before it is barred, as against the mortgagor, by the Statute of Limitations.</p> <p>Idem.—The above rule remains the same when the note is made by the husband for his own debt, and the wife mortgages her separate property to secure it, and the husband signs the mortgage to show his assent to it. In such case the wife’s liability on the mortgage is not affected by the death of the husband and the failure of the holder to present the claim for allowance to the administrator of his estate.</p> <p>Contingent Claim against an Estate.—If the wife, to secure the debt of the husband, mortgages her separate property, and the husband dies, and the holder fails to present the claim to the administrator for allowance, and the mortgage is afterward enforced; whether the widow has a contingent claim which she may afterwards enforce against the estate, spoken of, but not decided.</p> <p>Change of Conclusions of Law by Court.—Whether, after the Court has made its findings of fact and adopted its conclusions of law, it may change the conclusions of law, and enter a different judgment from that first ordered, spoken of, but not decided.</p> <p>Cost of Transcript.—When an appellant includes in the transcript irrelevant