Kirby v. Pease

This was an action to set aside a sale of real estate. It is alleged in the complaint, that in 1896 an action was commenced in the superior court of Pierce county wherein Henry Holgate was plaintiff and Samuel Parker and J. P. Kirby were defendants; that in February, 1898, before the issues were made up, the plaintiff therein, Henry Holgate, died and no administration was had upon his estate; that in the month of December, 1898, after the attention of the trial court had been called to the fact of the death of the plaintiff therein, a judgment was *512entered against the said defendant Kirby, and…