Hinkel v. Crowson

Holding

The court held that a vendor's lien constitutes a subsisting encumbrance for purposes of the probate homestead statute, and that a claimant must present the underlying debt to the administrator of the decedent's estate for allowance as a condition precedent to foreclosing the lien against a homestead, even where no administrator has been appointed and the claimant purports to waive recourse against other estate assets.