In re the Estate of Vandyke

Wolcott, Presiding Judge.

At the time of the death of George W. Vandyke the respondent’s claim against him was in the form of a book account. After his death, the executor filed his petition under Chapter 99, Revised Code 1915, for an order to sell lands for the payment of debts, the personal estate being insufficient for that purpose. A sale was duly ordered and made. Between the date of the testator’s death and the date of the sale, the respondent brought suit against the executor upon the open book account and obtained judgment on the day before the sale. The respondent claims that his…