Estate of Fleury
This text of 1 Myrick 227 (Estate of Fleury) is published on Counsel Stack Legal Research, covering Superior Court of California, County of San Francisco primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Deceased left a widow. His estate consisted of household furniture, appraised at $800. The widow asked that the property be set apart to her. The furniture was subject to a mortgage executed by deceased. The mortgagee objected, and asked that the property be sold and the proceeds applied on the mortgage debt.
The statute providing for the application of proceeds of sale upon a mortgage debt refers to real estate, and not to personal property. The chattel mortgage cannot be foreclosed in this Court. The widow is entitled to her order, setting apart the property, and if the mortgagee has a remedy, he must pursue it in another Court.
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Cite This Page — Counsel Stack
1 Myrick 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-fleury-calsuppctsf-1879.