Beswick

Beswick v. Churchill Co.

Good Law
1913 Cal. App. LEXIS 122·22 Cal. App. 404·134 P. 722
Court of Appeal of CaliforniaJune 23, 1913Civ. No. 1036.California2,028 words

Opinion

Lead Opinion

Burnett, J.

The appeal is from the judgment following an order sustaining a demurrer to the complaint. The action was brought by a judgment creditor of the grantors to set aside, on the ground that they were made to defraud creditors, certain deeds that were executed on June 29, 1900. It appears by the complaint that said grantors, Presley A. Dorris and Carlos J. Dorris, have died and administrators of their estates have been appointed and administration thereof is still pending, and plaintiff, therefore, prayed that said deeds of conveyance be set aside "as fraudulent and null and void . . . and that said property and all of it be declared, by the order and decree of this court, to be the property of the estate of Presley A. Dorris, and the estate of Carlos J. Dorris, deceased.” The complaint is voluminous, covering sixty type-written pages, and the demurrer is not so far behind and it suggests, probably, about every conceivable question of law that can arise in the case, but we deem it necessary to notice only one point which is pressed upon our attention. That is stated by respondents as follows: ‘ ‘ There is no allegation that demand has ever been made on the administrators to commence…

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