Ury

Ury v. Van Every

Good Law
181 Cal. 604·1919 Cal. LEXIS 401·188 P. 985
Supreme Court of CaliforniaDecember 1, 1919L. A. No. 5306.California903 words

Opinion

Lead Opinion

Melvin, J.

This is an appeal by plaintiff from a judgment entered after a demurrer to the third amended complaint had been sustained.

The pleading held defective 'by the superior court contained allegations that Loren Ury, Jr., a minor, appearing by his guardian ad litem L. G. Ury, was a judgment creditor of John L. Van Every, the amount of the judgment being one thousand dollars; that after Loren Ury, Jr., sued defendant by his guardian ad litem, Van Every was adjudged a bankrupt December 31, 1914; that "William H. Moore, Jr., was appointed trustee of the estate in bankruptcy ; and that subsequently said Moore, as trustee, was by order of court substituted for Ury as plaintiff.

It was further alleged that on February 10, 1913, J. L. Van Every made and executed a certain instrument purporting to convey to his sister, Jessie L, Van Every, certain described property; that other property, description of which was unknown to plaintiff, had been similarly conveyed; that Van Every had also given into the hands of his sister money and other personal property prior to the adjudication of the fact that he was a bankrupt; and that all of such transfers were "without consideration and “with the…

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