Wise v. Williams

Citations

• 88 Cal. 30
• 25 P. 1064
• 1891 Cal. LEXIS 642

Syllabus

<p>Appeal — Law op the Case. — A question presented and decided by the appellate court upon an appeal from a judgment on demurrer, as to the sufficiency o£ the complaint, becomes the law of the case, and is not open to question upon a subsequent appeal.</p> <p>Estate of Deceased Persons — Allowance of Claim — Statute of Limitations. — The allowance and approval of a claim against the estate of a deceased person by the administrator and judge stops the running of the statute of limitations against the claim.</p> <p>Id. •— Presentation of Mortgage upon Homestead. — A mortgage given by a husband and wife upon property upon which a homestead is afterward declared must, upon the death of the husband, be presented as a claim against his estate, notwithstanding a waiver in the complaint, in an action of foreclosure, of all recourse against the property of the estate other than the property mortgaged.</p> <p>Id. — Interest of Deceased Wife. — The interest of a deceased wife in the homestead property at the time the mortgage was made cannot be reached unless a claim is presented against her estate; but in. so far as her rights as successor of her husband are concerned, the allowance of the claim against his estate is sufficient to bind those rights and stop the statute of limitations.</p> <p>Id. — Publication of Notice to Creditors — Time for Presentation of Claims. — A publication of notice to creditors of the estate of a deceased person, made in advance of an order of the court fixing the legal period of publication, is invalid; and where the number of publications after the order is made fall below the statutory minimum, the presentation and allowance of a claim more than four months after the last publication are within the time prescribed by law.</p> <p>Id. — Affidavit of Publication — Evidence—Files of Newspaper.—The affidavit of publication is only prima facia evidence of the facts therein stated, and may be contradicted by the files of the newspaper in which the noti