McKenney v. McNearney

SMITH, Justice.

Appellant appealed from a district court order reversing an order of the Boundary County probate court requiring sale of certain real property belonging to the estate of Charles T. McNearney, deceased, in order “to secure the just rights or interests of the creditors of said estate” (I.C. § 15-712), including appellant, a creditor secured by a mortgage encumbering the realty. The trial court reversed the probate court order, after having found that appellant’s claim had never been allowed or rejected by respondent administratrix nor reduced to judgment, and after having…