23 P.2d 293 | Cal. | 1933
This appeal is from a decree of foreclosure of a mortgage and sale of the mortgaged premises and for a deficiency judgment and is taken on the judgment-roll alone. The note, secured by a mortgage on land in California, was the property of one Horace Fishback, now deceased, who was at the time of his death a resident of South Dakota. Administration was had in South Dakota in a court of general probate jurisdiction, and the note and *402 mortgage were distributed to the plaintiffs as the heirs-at-law of the decedent.
Appellants contend that the complaint in the foreclosure suit did not contain facts sufficient to constitute a cause of action, in that it did not allege any administration of the estate in California; that the situs of the property being in California, in order to maintain the action the heirs must have acquired title to the note and mortgage through administration in a California court.
Appellants rely almost entirely on the case of Murphy v.Crouse,
The case of Murphy v. Crouse, supra, is not in point for a further reason. [2] That case represents, with regard to intangibles, the sole exception from the rule of mobiliasequuntur personam, which is recognized in this jurisdiction, that is, certificates of stock in a domestic corporation. (Chambers v. Mumford,
The judgment is affirmed.
Seawell, J., Curtis, J., Preston, J., Shenk, J., Langdon, J., and Waste, C.J., concurred. *403