People's Bank v. David

The opinion of the court was delivered by

Milder, J.

This is an appeal by the plaintiff from the judgment sustaining the intervention of the minor heirs of Joseph David, claiming to be paid their shares out of property of the succession alleged to have been acquired in the partition proceedings by the major heirs of the deceased, afterward mortgaged by them to the plaintiff, the proceeds in controversy being derived from the sheriff’s sale under plaintiff’s writ of seizure and sale.

The deceased, Joseph David, left several major heirs, one minor child and the children of his predeceased…