Estates of Deceased Persons—Presentation of Claims—Note Secured by Mortgage—Recital in Note—Mortgage not Presented.—The mere recital in a promissory note presented as a claim against the estate of a deceased person that it is secured by mortgage does not include a presentation of the mortgage, where no copy of the mortgage was set out in the claim, and no reference was made therein to the date, volume, or page of its record.

Id.—Sale of Mortgaged Land—Purchase by Mortgagee — Credit upon Mortgage Note.— Where land included in a mortgage not presented as a claim against the estate is purchased by the mortgagee, upon a sale thereof by the estate, he cannot claim an application of the purchase money as a credit upon the mortgage note presented and allowed as a claim against the estate.

Id.—Waiver of Lien of Mortgage—Right to Conveyance—Payment of Purchase Money.—By reason of the failure of the mortgagee to have the mortgage presented as a claim together with the mortgage note, he waived the right to have the mortgage considered as a lien on the property, and is not entitled to demand the conveyance from the administrator of part of the mortgaged property purchased by him, without payment of the price at which it was purchased from the estate.

Id.—Motion to Amend Claim to Include Mortgage—Order Denying Motion—Appeal—Dismissal.—An order denying a motion for an amendment of the claim upon the mortgage note by including the mortgage in the claim is not appealable; and an appeal therefrom must be dismissed.

Id.—Review of Order as Error—Appeal from Order Refusing Conveyance upon Application of Purchase Money.—The order denying leave to amend the claim upon the mortgage note cannot be reviewed as error upon an appeal from an order refusing a previous motion to compel a conveyance upon application of the purchase money of mortgaged property purchased by the mortgagee from the estate, upon the mortgage note allowed as a claim. If the motion to amend had been granted, the amendment would not have been available upon the other motion, nor would it have been ground for a different ruling thereupon.

Id.—Ineffective Amendment of Claim After Order of Sale and Confirmation—Direction for Conveyance.—The order of sale and the confirmation thereof having been made in view of the claims theretofore allowed against the estate, any amendment of a claim made after the confirmation of the sale could not affect the order of confirmation, nor take away from it the force of the direction therein made to execute the conveyance upon the payment of the purchase price, nor could it affect any sale of property previously had under the order.

Id.—Delayed Application for Amendment—Limitation.—An application to amend the claim for inadvertence or mistake under section 473 of the Code of Civil Procedure could not be made after the lapse of six months from the allowance of the claim upon the mortgage note; and no substantial change can be made in an allowed claim after the expiration of the time allowed for the presentation of claims.