Vermont Marble Co. v. Superior Court

The petitioner obtained a judgment in the superior court in and for the city and county of San Francisco, on the 31st of May, 1893, against William Black, for the sum of three thousand seven hundred and ten dollars, and on the same day caused an execution thereon to be issued and placed in the hands of the sheriff, and by virtue thereof the sheriff levied upon and took into his possession certain personal property belonging to the defendant, and advertised the same to be sold on the sixth day of June, 1893. On the third day of June, 1893, certain creditors of Black filed their petition in the superior court that he be adjudged an insolvent debtor, and thereupon the court made an order appointing June 17th as the *581 day for hearing the said petition, restraining him in the mean time from transferring any property and from collecting or receiving any debts, and also forbidding his creditors from paying any debt to him, or delivering to him any property belonging to him, or to any person, for his use. On the same day the court made the following order:—■

The said William Black died on the fifth day of June, 1893, and on the 17th of June, the return day of said application for his…