Bull

The defendant, Hattie W. Strong, and her husband, by a deed absolute in form, mortgaged to the plaintiff the wife’s separate property, upon which a homestead had been declared, to secure a debt of the husband. The husband died and the defendant Coe was appointed administrator of his estate, and as such gave notice to the creditors to present their claims. The plaintiff did not present any claim, but commenced an action to foreclose the mortgage, under section 1500 of the Code of Civil Procedure, stating in his complaint *809 that he waived all recourse against the other property of the estate. The court below gave judgment for the defendants and the plaintiff appeals.

In the case of Camp v. Grider, 62 Cal. 21 , it was held that section 1500 applies only to “mortgages and liens other than liens and encumbrances on the homestead,” and that claims secured by liens and encumbrances on the homestead are required to be presented under section 1475. We see no ground for saying that the rule applies only to probate homesteads. Section 1475 expressly mentions “the homestead selected and recorded prior to the death of the decedent”; and it was this “homestead” which the section refers to…