Sime

Sime v. Hunter

Good Law
1920 Cal. App. LEXIS 814·50 Cal. App. 629·195 P. 935
Court of Appeal of CaliforniaDecember 27, 1920Civ. No. 3491.California2,717 words

Opinion

lead Opinion

Nourse, J.

Plaintiffs commenced this action in equity against the defendant as administratrix of the estate of her deceased husband to procure a judgment establishing their claim against said estate, based upon two promissory notes not then due and to impound and sequester sufficient funds of said estate in order that said claim might be paid in due course of administration when due. The amended complaint alleged that two promissory notes in the sum of six hundred dollars each, with interest, were executed and delivered by deceased and his minor son, who disaffirmed his liability thereon; that one of said notes was payable on July 1, 1919, and the other on July 1, 1920; that both were made payable to Norm W. Thompson, or order, and were sold, assigned, indorsed, and delivered to plaintiffs; that a contingent claim based upon said notes was presented to defendant as such administratrix within due time, and that the same was rejected by her; that the said administratrix was proceeding to defeat said claim when due by dissipating the property of the estate so far as was within her power by having set aside to her as exempt from execution all the farming implements and personal property, which…

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