Martinovich v. Marsicano
137 Cal. 354 ·
Supreme Court of California · Filed
Published · citable
Cited by 3
Holding
The court held that a judgment lien that attached to a devisee's interest in an estate prior to a decree of distribution is not extinguished by that decree, and that the probate court lacks jurisdiction to distribute an heir's share to a judgment creditor or to assign property free of such a lien.
Statutes construed
- CCP § 1452
- CCP § 671
- CIV § 172
Cited by (3)
- HELEN L. O'FARRELL, as Administratrix, et al., Plaintiffs and Appellants, v. AMERICAN TRUST COMPANY (a Corporation), Defendant and Appellant; ROBERT WALKER CRAIG et al., Respondents; MAUD AGNEW et al., Cross-Defendants and Appellants (1957) 149 Cal. App. 2d 691
- Estate of WELBORN ADDISON CORNITIUS, Deceased. NELDA REID CORNITIUS, Appellant, v. WILLIAM C. CORNITIUS, Respondent (1957) 154 Cal. App. 2d 422
- WILBERT LEE LATHROP et al., Respondents, v. WARREN J. KELLOGG, Appellant (1958) 158 Cal. App. 2d 220