McKibben
Rogers v. McKibben
Opinion
lead Opinion
*54 This action, instituted in the Justice Court, declared upon two causes of action: one for the value of services and the other upon a stated account for legal services rendered, by plaintiff's assignors.
The facts appearing from the evidence are that defendant and her deceased sister were the record and joint owners of a parcel of real estate. Upon the death of the sister, the defendant employed plaintiffs assignors to render services as attorneys for her in administering upon the sister’s estate, which consisted solely of an undivided half interest in said real property.
There is no conflict in the evidence as to the fact that defendant informed said attorneys that the property was incumbered to the extent of $8900.00, and that part of said indebtedness was “secured by a trust deed.”
In the inventory, no statement is made of any incumbrances on the property; the undivided half interest in said property was appraised at the sum of $4500.00. There was no cash in the estate, and.no claims were presented against it. Upon the filing of the first and final account and petition for distribution, the entire estate *55 was distributed to the defendant. No action was taken in said…