Horton v. Jack

Citations

• 115 Cal. 29
• 46 P. 920
• 1896 Cal. LEXIS 966

Syllabus

<p>Appeal—Law of the Case.—Where the facts appearing upon a second appeal do not differ from those disclosed npon a former appeal, the decision upon the propositions of law, based upon those facts, rendered upon the former appeal, is the law of the case, and is decisive upon the second appeal.</p> <p>Estates of Deceased Persons—Transfer of Personal Property by Executrix—Want of Confirmation—Payment of Indebtedness—Conversion by Grantee—Agency for Bank—Liability of President. No sale of any property of a deceased person passes any title unless it is confirmed by the probate court, and it is immaterial whether it was sold to pay a debt of the estate, or a debt of the sole legatee under the will; and if property of the estate is conveyed without confirmation, by the executrix, who is such sole legatee, to the president of a bank to be sold by him, and the proceeds applied to the payment of her debt to the bank, such sale and application of the proceeds to the use of the bank, is an unlawful conversion of the property by him, for which he is individually liable, and the administrator, with the will annexed, may recover from him the value of the property.</p> <p>Id.—Equities against Executrix as Sole Legatee—Payment of her Debt to Bank—Action for Conversion—Insufficient Defense—• Remedy of Bank.—Equities of the bank against the executrix, who was the widow and sole legatee of the deceased, and who conveyed the property to the president of the bank, under an agreement that it should be sold and the proceeds applied to the payment of her indebtedness to the bank, cannot constitute a defense to an action by the administrator, with the will annexed, to recover the value of the property from the president of the bank, for an unlawful conversion thereof by him to the use of the bank; but such equities must- be asserted upon distribution of the estate, or in some other appropriate proceeding.</p> <p>Id.—Rights of Administrator to Recover Property of Estate—Indebtedness of Estat