29 Wash. 391 | Wash. | 1902
The opinion of the court was delivered by
Upon the application of relator, a temporary writ of prohibition was issued, prohibiting respondents from confirming a sale of real estate sold under the order of the court commissioner in Douglas county. Upon the return day of the temporary writ, respondents appeared, and filed a return to the show-cause order, and a brief in support thereof. The facts, as they appear from the petition and return thereto, are substantially as follows:
On the 19th day of December, 1901, George Dewhirst, a resident of Douglas county, died intestate in said county, leaving an estate therein consisting of real and personal
. Section 6190, Bal. Code, provides that if the surviving partner apply therefor within five days from the filing of an inventory by the general administrator; he is entitled .to-the administration of the partnership estate, “and his powers anc. duties extend to the settlement of the
In this case the court found, upon a hearing after notice, that the partnership real property was not susceptible of division between the surviving partner and the general administrator or the heirs, and that it was necessary to make a sale thereof,- in order to make distribution of the partnership estate. Under these circumstances, the court
Beavis, C. J., and Anders, Fullerton, White, Dunbar and Hadley, JJ., concur.