Max C. Crane v. C. Douglas Wikle, Receiver of the Estate of Alexander T. Chohon, Bankrupt

Appellant Max C. Crane on January 7, 1959, filed an action in the Superior Court of the State of California for the County of Los Angeles against Alexander T. Chohon, hereinafter called the bankrupt, and his wife Agnes D. Chohon, for moneys due upon a promissory note in the sum of $14,385.33. On that date the Chohons were the owners of record as joint tenants of real property located at 4661 Sunset Boulevard in Los Angeles. This property was the subject of a lease dated October 22,1953, in which the Chohons were lessors and the Prudential Insurance Company of America, hereinafter referred to as Prudential, was the lessee. The term of the lease was for ten years and the rental to be paid by Prudential was $11,000.04 per year payable in equal monthly installments of $916.67. On January 9, 1959, while Prudential was in possession of the property under the lease, appellant caused to be levied on Prudential a writ of attachment and notice of garnishment on all rents due or to become due from Prudential to the Chohons under the lease. On February 13, 1959, Prudential filed an interpleader action in the above-mentioned Superior Court against the Chohons, the appellant and the marshal of…