Snell

This is an appeal from a judgment entered on the report of a referee in proceedings supplementary to execution.

Many elements are absent from the record. A mere statement of the case will have to he made largely from inferences.

The appellant some time prior to these proceedings obtained a judgment against Mary E. Snell, Sarah N. Snell and Richard B. Snell; execution was issued thereon, and the same was duly returned by the sheriff unsatisfied. Thereafter proceedings supplementary to execution were instituted by the judgment creditor, in which a referee was appointed. The referee examined witnesses, considered the questions presented and reported that the order prayed for by the judgment creditor should be denied, upon which report a judgment was entered, pursuant to the report of the referee, that the judgment creditor take nothing against Mrs. Edna Snell Poulson.

The report of the referee shows that during the year 1900 Mrs. Poulson paid certain debts owing by her brother and sisters, Richard B. Snell, Sarah N. Snell and Mary E. Snell, amounting to $3,500. These payments were made without authority, and without the knowledge or request of the brother and sisters of Mrs.…