When the mortgagor is dead, the proceedings to foreclose the mortgage on real estate may be instituted against his executor or administrator.
(Orig. Code 1863, § 3870; Code 1868, § 3890; Code 1873, § 3966; Code 1882, § 3966; Civil Code 1895, § 2748; Civil Code 1910, § 3281; Code 1933, § 67-204.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 55 Am. Jur. 2d, Mortgages, § 1295.
C.J.S.- 59 C.J.S., Mortgages, § 550.
ALR.
- Necessity in suit to foreclose mortgage on property of decedent of joining as parties devisees or heirs of decedent, and effect of failure to do so, 119 A.L.R. 807.
Personal representatives, or nonlien creditors, of deceased mortgagor or of deceased grantee of premises subject to mortgage (with or without assumption of mortgage debt), as necessary or proper parties to foreclosure suit, 124 A.L.R. 784.