Moore v. Neighbours

CRAIG, J.

An order was made and entered on September 14, 1923, in the district court of the United States for the southern district of California, southern division, adjudging the respondent Edith F. Neighbours a bankrupt. The scheduled liabilities amounted to $2,314.10, though it appears that but one claim, consisting of a judgment amounting to $1,764.10, was filed, approved and allowed. There being no assets scheduled in said proceeding, appellant as trustee in bankruptcy commenced an action in the superior court of Los Angeles County, alleging that the respondents herein were husband and wife, that they owned community property of a value of about $10,000, that the defendant Edith F. Neighbours’ bankruptcy estate had no assets other than her interest in said community property, and that “it is necessary, therefore, to resort to the interest of said Edith F. Neighbours in the community property of said Edith F. Neighbours and her said husband with which to pay said claim.” It was further alleged that said community property was in part acquired by the defendants between August 17, 1923, and September 14, 1923, that it is all in the custody and control of Burrel D. Neighbours. Upon information and belief it was alleged, also, that all of the proceedings in bankruptcy were taken and had by and on behalf of Edith F. Neighbours with “full and complete knowledge, consent and approval of her said husband, Burrel D. Neighbours, and with his help and financial assistance, pursuant to a common understanding and agreement between said defendants,” and that they are estopped to claim or assert that said Edith F. Neighbours does not have any in

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terest in said community property and that the same is not subject to administration in the bankruptcy proceeding. The plaintiff prayed that the defendants be required to account as to the community property, that its value be decreed, and that the same be divided and one-half be delivered to the plaintiff up to the amount of the alleged judgment;: that it be adjudged that one-half of the community property is owned by Edith F. Neighbours, and that the same is an asset of her bankruptcy estate, and that it be subjected to the payment of said claim. The defendants demurred to the complaint, and to each count thereof, upon the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was sustained, judgment went for the defendants, and the plaintiff appealed.