(DOWNLOAD) "Noble V. Frank Beach" by Supreme Court Of California In Bank " Book PDF Kindle ePub Free
eBook details
- Title: Noble V. Frank Beach
- Author : Supreme Court Of California In Bank
- Release Date : January 30, 1942
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
TRAYNOR, J. In 1934, appellants obtained a judgment against Milton J. Wiren in Alameda County, and there recorded an abstract of the judgment. In 1935, the judgment debtor's mother, Amanda W. Wiren, died testate and by her will devised a parcel of real property situated in Alameda County and a parcel situated in San Francisco County to respondents Milton J. Wiren, Mildred Tellier, and Ruth A. Williams in equal undivided shares. Appellants then recorded an abstract of their judgment in San Francisco County and levied execution upon the debtor's interest in the San Francisco property. In 1936, one of the devisees filed a petition in the estate proceedings to partition the real property. Thereafter, appellants levied execution on Wiren's interest in the Alameda real property, and at sheriff sales in Alameda and San Francisco counties they purchased his interest in the Alameda property for $700 and his interest in the San Francisco property for $750. Following the execution sales, an order for partition was entered by the probate court in the estate of Amanda W. Wiren whereby the Alameda property was allocated to Milton J. Wiren in sole ownership, and the San Francisco property was allocated to the other devisees. Wiren then sold his interest in the Alameda property to respondent Frank Beach, who purported to redeem that parcel from the execution sale by paying to appellants the sum of $700 plus interest and penalties. A decree of final distribution in the estate of Amanda W. Wiren was subsequently entered by the probate court, ordering distribution of the Alameda County property to Frank Beach as assignee of Milton J. Wiren, and distribution of the San Francisco County property to Mildred Tellier and Ruth A. Williams.