 | California, Creed Haymond, John Chilton Burch, John Hill McKune - Civil procedure - 1872 - 886 pages
...before suit. claim is first presented to the executor or administrator, except in the following case: an action may be brought by any holder of a mortgage...of the estate is expressly waived in the complaint. 1501. Y§ 137.) The time during which there Timeof limitation. shall be a vacancy in the administration... | |
 | David Price Belknap - Probate law and practice - 1873 - 660 pages
...1876 adds again the provisions erased iu 1874, with the additional provision concerning fees. Page 113 property of the estate subject thereto, where all recourse against any other property in the estate is expressly waived in the complaint. Statutes of 1851, p. 165, $ 13G. As to actions... | |
 | California - Session laws - 1876 - 154 pages
...unless the claim is first pre- "" sented to the executor or administrator, except in the following case: An. action may be brought by any holder of a mortgage...counsel fees shall be recovered in such action unless such claim be so presented. SEC. 2. This Act shall take effect from and after its passage. Testimony... | |
 | California - Civil procedure - 1876 - 888 pages
...first presented to the executor or administrate, * 'Except in the following case: an action may bo brought by any holder of a mortgage or lien to enforce...counsel fees shall be recovered in such action unless such claim be so presented.'6 [Took effect March 15, 1876.] 'Amendment of 1874 ended here : that of... | |
 | California, Theodore Henry Hittell - Law - 1876 - 986 pages
...holder of a mortgtige or lieu to enforce the ваше apainet the property nf the estate sub. ject wful judgment, order, or process of the court; G. Assuming to be an officer, atto wnKed in the complaint." It was previously amended, by act of March 24, J6T4 ; Amendments lf»73-4,... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1899 - 612 pages
...unless the claim is first presented to the executor or administrator, except in the following case: An action may be brought by any holder of a mortgage...against the property of the estate subject thereto." Sec tion 4129, Comp. Laws Utah 1888, provides that "no claim must be allowed by the executor or administrator,... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1908 - 588 pages
...subject thereto" may be enforced without first presenting a claim to the executor or administrator "where all recourse against any other property of...estate is expressly waived in the complaint." But this was not an action to enforce a lien. It was not one seeking to have the claim satisfied out of... | |
 | California - Civil procedure - 1880 - 864 pages
...unless the claim is ürst presented to the executor or administrator, except in the following case: an action may be brought by any holder of a mortgage or lien to enforce the same against tho property of the estate subject thereto, where all recourse against any other property of the estate... | |
 | California, Nathan Newmark - Civil procedure - 1880 - 786 pages
...unless the claim is lirst presented to tho executor or administrator, except in the following case: an action may be brought by any holder of a mortgage or lien to enforce tho same against tho property ot tho estate subjoct thereto, where all recourse against any other property... | |
 | California, Nathan Newmark - Civil procedure - 1880 - 768 pages
...unless tho claim is first presented to the executor or administrator, except in the following case : an action may be brought by any holder of a mortgage or lieu to enforce the same against tho property ot the estate subject thereto, where all recourse against... | |
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No holder of any claim against an estate shall maintain any action thereon unless the claim is first presented to the executor or administrator, except in the following case: An action may be brought by any holder of a mortgage or lien to enforce the... 
