Mesmer v. Jenkins

61 Cal. 151 ·

Supreme Court of California · Filed

Published · citable

Holding

The court held that creditors of an insolvent estate lack the legal capacity to sue the administrator and third parties directly to recover property allegedly obtained through fraud, as such an action constitutes an improper misjoinder of parties and causes of action, and because the creditors failed to exhaust their legal and equitable remedies within the probate administration process.

Source: cap_files. Verify against the official reporter before relying on this text.