Public-domain · open source
OpenJurist

5 Wyo. 102

Peabody v. Hutton

Wyoming Supreme Court

Decided September 21, 1894

Wyoming Supreme Court · decided 1894-09-21

Ebeoe to District Court for Albany County. -Hon. W. Blake, Judge. The plaintiff, Alfred S. Peabody, brought this action against George L. Hutton personally and as administrator with the will annexed of Rowena H. Hutton, deceased, and Elizabeth Ann Hutton, to subject certain real property to the satisfaction of a.judgment against George L. Hutton.

Decided 1894-09-21

¶1ON PETITION FOR • REHEARING.

Conaway, Justice.

¶2Plaintiff in error still contends that the judgment against. George L. Hutton, to satisfy -which he seeks to subject the property in controversy to sale upon execution, is -a judgment against George L. Hutton as administrator of the estate of Rowena H. Hutton, deceased. Also that the order of the probate court transferring this property to George L. Hutton, upon his executing a bond to pay the debts of the estáte; is void. If this'all be true- it results that there has been no administration of the estate, and no ascertainment' of its assets and liabilities. It does -not entitle plaintiff in error to have thé property in controversy, or any portion.of it, applied to the discharge' of his claim,' in whole or in 'part* except in due course of administration.

¶3" Rehearing denied.

Potter and -Scott, JJ., concur.
/5/wyo/102 · .json · Public domain