Hammond

An appeal has been taken from the judgment entered in this action in favor of the plaintiff and against the defendant, and from an order denying a motion made by the defendant for a new trial. The suit is upon an undertaking given on appeal to stay execution.

At a time prior to the institution of this action, Merrill A. Weir died, and prior to the conclusion of probate proceedings in his estate his wife, Nancy A. Weir, died. Administrators were appointed in both estates, and the administrator of the estate of Nancy A. 'Weir took into his possession property of considerable value which he claimed belonged to that estate and which, on the other hand, the administrator of the estate of Merrill A. Weir claimed was property upon which he was entitled to administer as belonging to the estate of Merrill A. Weir. Upon the refusal of the administrator in. the wife’s estate to deliver the property to the administrator of the estate of Merrill A. Weir, the latter brought an action to recover a money judgment and certain securities and corporate stocks. In that action he obtained judgment for the return of the personal property or its value, and also judgment for the sum of $4,687.63, with…