Stambach v. Emerson

Citations

• 6 Cal. Unrep. 986
• 69 P. 856
• 1902 Cal. LEXIS 881

Syllabus

<p>Estate of Decedent—Mortgage to Pay Pressing Demands.— Where there are several claims against a solvent estate, some of which are being pressed for immediate payment, and the property cannot be sold at once without great sacrifice, the probate court has jurisdiction to authorize a mortgage to pay off the pressing demands, the requirements of Code of Civil Procedure, sections 1643, 1645, that claims be paid in a certain order, as therein specified, having application to insolvent estates only.</p> <p>Estate of Decedent.—In an Action to Foreclose a “Probate Mortgage,” the order of the probate court authorizing the mortgage cannot be questioned, where the court had jurisdiction to make such order.</p>