IH KENT COMPANY v. Miller

OPINION

By the Court,

Badt, C. J. :

This is an appeal from the judgment of the court below, dismissing under NRCP Rule 12(b) (5) the complaint of appellants wherein appellants sought a judgment compelling respondent to file in the bankruptcy court a claim for homestead exemption of property conveyed to appellant First National Bank, as trustee, for appellant I. H. Kent Company, as beneficiary, to secure a debt to said beneficiary.

On January 30,1956 Boyce and Helen Miller, his wife, executed a trust deed on certain of their community property in Churchill County, Nevada, in favor of First…