Terry v. Clothier
Washington Supreme Court
Appeal from Superior Court, Skagit County. This was an action originally brought by Caroline Ball, personally, and as guardian of her infant children, together with J. F. Terry and J. B. Alexander, Jr., as co-plaintiffs, against Harrison Clothier and J. E. Smith, administrators of the estate of Jesse B. Ball, deceased, the husband of said Caroline, and J. E. Millett and Charles yon Pressentin, as defendants, to set aside and vacate the sale of the land of said intestate,…
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Appeal from Superior Court, Skagit County. This was an action originally brought by Caroline Ball, personally, and as guardian of her infant children, together with J. F. Terry and J. B. Alexander, Jr., as co-plaintiffs, against Harrison Clothier and J. E. Smith, administrators of the estate of Jesse B. Ball, deceased, the husband of said Caroline, and J. E. Millett and Charles yon Pressentin, as defendants, to set aside and vacate the sale of the land of said intestate, made under the order of the probate court by the said Clothier and Smith, administrators, as fraudulent and void. After…
1Opinion of the Court
The opinion of the court was delivered by
Durbar, J.
It appears from the complaint in this case that the plaintiffs were not parties interested in the estate. No one else has a right to object to a confirmation of sale. This being true, the complaint did not state facts to constitute a cause of action, and the demurrer was properly sustained. Other questions were raised in the case, but as the judgment of this court sustaining the demurrer on this point disposes of the case, it is not necessary to enter into their discussion.
The judgment of the court below is affirmed, with costs.
ÁNDers, 0. J.,…
2Cited by5 opinions
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