Mesmer v. Jenkins

Citations

• 61 Cal. 151
• 1882 Cal. LEXIS 569

Syllabus

<p>Creditor’s Action to Set Aside Fraudulent Conveyance—Action against Administrator.—The creditors of the insolvent estate of a deceased person can not maintain an action against the administrator and others to compel him and them to transfer to the estate real property to which he has for himself and them obtained the legal title in such a way as to raise a constructive trust in favor of the estate.</p> <p>Id.—Id.—Joinder of Parties—Capacity to Sue.—The defendant, who was an administrator, was made defendant in the same action in his representative capacity upon a rejected claim against the estate, and personally with others, to compel him and them to transfer to the estate property to which they had procured the legal title through fraud.</p> <p>Held: Two causes of action are improperly united in the complaint; as to one of which, there is a misjoinder of parties defendant, and as to the other, a failure to state facts sufficient to constitute a cause of action, coupled with an incapacity to sue.</p>