Estate of Marden

Deceased was the owner of real estate, her separate property. Her husband gave his promissory note to the Hibernia Savings and Loan Society for a sum of money, and to secure its payment she joined her husband in a mortgage of a parcel of her separate real estate. A claim, based upon the note and mortgage, was presented to her executor, and allowed and approved. The executor, jointly with the Savings and Loan Society, asks this Court for an order of sale of the mortgaged premises, and that the proceeds, so far as required, be applied to the payment, of the debt. This application is resisted on the ground, as contended, that the debt is not a “ debt outstanding against the decedent,” within the meaning of Sec. 1536, C. C. P.

The point involved in this controversy has not been directly passed upon in this State, so far as has been made to appear.

It is true that this may not be, in a technical sense, a debt of the decedent; but it is by her contract a debt for the payment of which a specific portion of her real estate is liable. Is it not, within the meaning of the Code, a debt outstanding against her? In the meaning of the Code, the words, “against the decedent,” are the same as…