Graves
Graves v. Rickershauser
Opinion
lead Opinion
Langdon, J.
The controversy between the parties hereto out of which this appeal grows has been before this court on other appeals. They are all concerned with the attempt of the plaintiff to collect money due her from the defendant Florence E. Bickershauser. A very brief recital of facts will indicate how tortuous has been the road toi that end.
In the year 1915 the defendant Florence Bickershauser, being heavily indebted, transferred all her property to the defendant Thomas McMahan, who executed a declaration of trust, declaring that he held same for the benefit of certain creditors of Florence Bickershauser, named therein, whose aggregate claims amounted to §28,978. The plaintiff, Amy Graves, was not included in this list of creditors. She brought an action against Florence Bickershauser in the superior court of Los Angeles County and obtained a judgment for §3,474.24. Thereafter, in August, 1917, plaintiff purchased at the sale under execution issued upon said judgment the beneficial interest of Florence Bickershauser in said trust property, if any there was, after the satisfaction of the purposes of the trust, i. e., the payment of the debts specified therein. The net purchase price of…