German Savings & Loan Society v. Fisher
This text of 28 P. 591 (German Savings & Loan Society v. Fisher) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an action against the executor of a will and others to foreclose a mortgage. Judgment went for plaintiff, and defendants appeal. The mortgage was not presented to the executor for allowance; but all recourse against other property is waived in the complaint. This action, however, was not commenced until after the expiration of the time for the presentation of claims against the estate, and appellants contend that respondent’s right of action was barred after the expiration of that time. But the point was decided directly against the contention of appellants in the case of Anglo-Nevada Assur. Co. v. Nadeau’s Ex’rs, 90 Cal. 393; and upon the authority of that case the judgment must be affirmed.
Judgment affirmed.
De Haven, J., and Sharpstein, J., concurred.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
28 P. 591, 92 Cal. 502, 1891 Cal. LEXIS 1241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/german-savings-loan-society-v-fisher-cal-1891.