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McKENNEY v. McNEARNEY

No. 9861.

435 P.2d 358 (1967)

Dennis McKENNEY, Plaintiff-Appellant, v. Mary McNEARNEY, Administratrix of the Estate of Charles T. McNearney, Deceased, Defendant-Respondent.

Supreme Court of Idaho.

December 21, 1967.

Attorney(s) appearing for the Case

McNaughton & Sanderson, Coeur d'Alene, for appellant.

Lyons & Hofmeister, Sandpoint, for respondent.

SMITH, Justice.

Appellant appealed from a district court order reversing an order of the Boundary County probate court requiring sale of certain real property belonging to the estate of Charles T. McNearney, deceased, in order "to secure the just rights or interests of the creditors of said estate" (I.C. § 15-712), including appellant, a creditor secured by a mortgage encumbering the realty. The trial court reversed the probate court order, after having found...

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