Wilcox

This is an appeal by defendant, as executor of the estate of Charles L. Eogers, deceased, from a judgment quieting plaintiff’s title to certain realty and determining that defendant executor and decedent’s estate have no right, title or interest therein. This appeal is presented upon an agreed statement from which it appears that respondent and her husband, Oscar C. Wilcox, were owners as joint tenants of the property here involved. Also, that in June of 1936, Charles L. Eogers was employed by said Oscar C. Wilcox, and “while so employed, sustained an injury arising out of” and in the course of said employment, “resulting in permanent dis ability.” On January 10, 1940, the Industrial Accident Commission made an award in favor of the employee Rogers for $3,615, which included an additional 10 per cent because the employer Wilcox “was wilfully uninsured.” The judgment based upon such award was entered on August 9, 1940. In the meanwhile, on February 6, 1940, the employer Wilcox was adjudged a bankrupt, and the schedule of debts contained in his petition in bankruptcy listed as a debt the award in favor of the employee Rogers. He received his discharge in bankruptcy on December 5,…