Benning v. Nevis

Plaintiff recovered judgment for the balance due upon her claim allowed against the estate of the above-named decedent. The judgment declared the amount of such claim to be a lien upon the real property of the estate which had been distributed to the heirs; that the heirs held such property “in trust for the purpose of paying the amount” found due the plaintiff, and ordered the sheriff to sell such property to satisfy the judgment.

Plaintiff’s claim was duly allowed for $992 and December 26, 1908, she was paid all but $331.13 thereof. The complaint alleges and the court found that at the time…