Norton v. Clark
Nevada Supreme Court
Appeal from the District Court of the Seventh Judicial District, Washoe County. The facts appear in the opinion. I. A claim against an estate duly allowed by an executor or administrator and probate judge, can be seized and sold under execution, so as to vest in the purchaser the title of the judgment debtor. (Civ. Pr. Act, secs. 127, 128, 135, 219, 222, 229, 230.) We adopted with these sections their settled judicial .construction in California.
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Appeal from the District Court of the Seventh Judicial District, Washoe County. The facts appear in the opinion. I. A claim against an estate duly allowed by an executor or administrator and probate judge, can be seized and sold under execution, so as to vest in the purchaser the title of the judgment debtor. (Civ. Pr. Act, secs. 127, 128, 135, 219, 222, 229, 230.) We adopted with these sections their settled judicial .construction in California. (Adams v. Hackeit, 7 Cal. 187 ; Crandall v. Bien, 18 Cal. 15; Davis v. Mitchell, 34 Cal. 87; Donohoe v. .Gamble, 38 Cal. 352; Robinson v. Tsois, 38…
1Opinion of the Court
By the Court,
Belknap, J.:
This suit was instituted by the executors of the last will of B. B. Norton, deceased, for the purpose of determining the ownership of an allowed and approved claim against his estate and in favor of the Reno Savings Bank. Appellant Haydon claims by virtue of a writ of garnishment served upon the executors, and an actual levy and sale of the claim under an execution issued upon a judgment in his favor and against the bank. The respondents claim under assignments made subsequent, to the proceedings by which appellant claims ownership. The only matter necessary for…
2Cases cited12 opinions
- Wilder v. BaileyMassachusetts Supreme Judicial Court · 1807
- Barnes v. TreatMassachusetts Supreme Judicial Court · 1811
- J. I. Case Threshing Machine Co. v. MiracleWisconsin Supreme Court · 1882
- Stout v. LaFolletteIndiana Supreme Court · 1878
- Ross v. ClarkeSupreme Court of the United States · 1788
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