Willis v. Farley

Citations

• 24 Cal. 490

Syllabus

<p>Discharge and Assignment of Mortgage.—A mortgage is a mere incident of the debt it was intended to secure, and passes by an assignment of the debt, is discharged by a payment of the debt, and is barred by the Statute of Limitations when the debt is barred.</p> <p>Jurisdiction op District Courts in Equity.—The District Courts, by Article VI, section 6, of the Constitution, have “ original jurisdiction in all cases in equity,” and an Act of the Legislature depriving them of that jurisdiction, or transferring it to any other Court, is unconstitutional and void.</p> <p>Wiiat Court can Foreclose Mortgages.—The foreclosure of a mortgage and sale of the mortgaged property for the payment of the debt thereby secured, is a “case in equity,” of which the District Courts alone can take cognizance; and the Probate Courts are not competent to afford the full relief to which mortgagees are entitled.</p> <p>Creditor op Deceased may Foreclose Mortgage.—A creditor of the estate of a deceased person, whose debt is secured by mortgage, may, after having presented his claim for allowance to the executor or administrator and Probate Judge, whether it be allowed or rejected, proceed at once to foreclose his mortgage in the District Court.</p> <p>Act op One or More Administrators.—Administrators in law are deemed but as one person, and the act of any one of two or more co-administrators, in a matter within the sphere of his authority as administrator, is the act of all.</p> <p>Same—Allowance op Claim.—Where there are two or more administrators, the allowance of a claim against the estate by one is the act of all, and binding upon all.</p> <p>Same—Filing op in Probate Court.—The allowance of a claim against the estate by the administrator and Probate Judge prevents the claim from becoming barred by the statute, even if it is not filed in the Probate Court.</p> <p>When Heirs cannot Plead Suit against Administrator in Bar.—Where a claim against an estate secured by mortgage was presented