Evans

Evans v. Humphrey

Good Law
38 F.2d 984·1930 U.S. App. LEXIS 2431
United States Court of Appeals for the Ninth CircuitMarch 17, 1930No. 5976California703 words

Opinion

Lead Opinion

Wilbur, J.

A. Humphrey, for the consideration of $2,500, purchased a judgment against the appellant, L. L. Evans. Thereafter he caused execution to be levied upon certain property of the judgment debtor and also up *985 on a quarter section of land to which the judgment debtor had no title. The property so levied upon was sold by the United States Marshal, and A. Humphrey hid the same in for the sum of $1,239.28. Thereafter, upon ascertaining that the judgment debt- or had no title to the quarter section above mentioned, he made application to the United States District Court for the revival of the judgment to the extent of the amount bid for this quarter section. The court granted the prayer of petitioner and revived the judgment.

In this statement we have thus far ignored the fact that Humphrey characterized himself in the petition to revive the judgment as trustee and alleged in the petition that he was “the duly appointed, qualified and acting trustee for the City of American Falls, Idaho, Independent School District No. 1, of Power County, Idaho, Power County, Idaho, itself, all municipal corporations, and The Fidelity and Deposit Company of Maryland and the Federal Reserve Bank of San…

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