Kreling

Kreling v. Kreling

Good Law
118 Cal. 421·1897 Cal. LEXIS 792·50 P. 549
Supreme Court of CaliforniaOctober 1, 1897S. F. No. 763California882 words

Opinion

Lead Opinion

Harrison, J.

The plaintiff seeks by this action to compel the defendant to satisfy an obligation made by her intestate to the Anglo-Californian Bank, and on November 9, 1895, the superior court rendered its judgment directing the defendant to discharge within a specified time certain indebtedness upon two promissory notes held by that bank, upon which a claim had been made by it against the estate of her intestate (and which by an agreement between her and the defendant he had agreed to assume and to release the said estate therefrom); and that in default thereof a certain piece of real property described in the judgment be sold and the proceeds applied in payment of said claim. The defendant gave notice of his intention to move for a new trial, and upon his motion the court, November 31, 1895, ordered a stay of execution until its decision upon this motion. In February, 1896, the plaintiff made an affidavit to the effect that the defendant had, during the pendency of the action, and prior to the entry of the judgment, transferred and disposed of his property and encumbered the same for the purpose of preventing the enforcement of the judgment, and asked for the appointment of a receiver, and…

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