Grant v. de Otte

122 Cal. App. 2d 724 ·

California Court of Appeal · Filed January 22, 1954

Published · citable Cited by 1

Holding

The court held that a general demurrer was properly sustained to a complaint seeking to impose an equitable lien on the proceeds of a probate sale, because the alleged facts failed to establish the prerequisites for equitable subrogation or an equitable lien, and because the failure to file a creditor’s claim in the estate precluded recovery from the probate assets.

Statutes construed

PROB § 716

Cited by (1)

AMERICAN CONTRACTORS INDEMNITY CO., et al., Plaintiffs and Appellants, v. MARK J. SALADINO, as Administrator, etc. Defendant and Respondent (2004) 115 Cal. App. 4th 1262