Moore

An order was made and entered on September 14, 1923, in the district court of the United States for the southern district of California, southern division, adjudging the respondent Edith F. Neighbours a bankrupt. The scheduled liabilities amounted to $2,314.10, though it appears that but one claim, consisting of a judgment amounting to $1,764.10, was filed, approved and allowed. There being no assets scheduled in said proceeding, appellant as trustee in bankruptcy commenced an action in the superior court of Los Angeles County, alleging that the respondents herein were husband and wife, that they owned community property of a value of about $10,000, that the defendant Edith F. Neighbours’ bankruptcy estate had no assets other than her interest in said community property, and that “it is necessary, therefore, to resort to the interest of said Edith F. Neighbours in the community property of said Edith F. Neighbours and her said husband with which to pay said claim.” It was further alleged that said community property was in part acquired by the defendants between August 17, 1923, and September 14, 1923, that it is all in the custody and control of Burrel D. Neighbours. Upon…