Charles
Bank of Sonoma County v. Charles
Opinion
Lead Opinion
McFarland, J.
This is an appeal by the defendant Vernetta Charles, administratrix of G. W. Charles, deceased, from a judgment in favor of plaintiff foreclosing a certain mortgage. In his lifetime, the said G. W. Charles and J. M. Charles made their promissory note to plaintiff for $42,250, and interest, and, to secure the same, executed a mortgage to plaintiff, which covered a large quantity of land, and was duly recorded. After the death of said G- W. Charles, the plaintiff presented the following creditor’s claim to the administrator and administratrix, viz.: “ The undersigned, a creditor of George W. Charles, deceased, presents its claim against the estate of said deceased, with the necessary vouchers, for approval, as follows, viz.: Estate of George W. Charles, deceased, to Bank of Sonoma County, Dr., 1889, February 16. To principal of promissory note, dated December 11, 1886 (copy here attached), $38,069.58. Interest thereon from December 11, 1886, $5,979.07. This note is secured by mortgage of even date herewith.” Then follows a copy of the note and a proper verification of the claim. No other presentation of the claim or of the mortgage was ever made or attempted to be made. The claim as…