People ex rel. Attorney General v. Gerke
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, San Francisco County. On the 23d day of August, 1853, one Auguste Deck, a citizen of Prussia, died intestate, in the city of San Francisco, leaving, undisposed of, a large amount of real estate. On the 14th of September following, letters of administration were granted by the Probate Court to the defendant, Gerke, Clark afterwards purchased from the absent heirs a large portion of the property.
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Appeal from the District Court of the Fourth Judicial District, San Francisco County. On the 23d day of August, 1853, one Auguste Deck, a citizen of Prussia, died intestate, in the city of San Francisco, leaving, undisposed of, a large amount of real estate. On the 14th of September following, letters of administration were granted by the Probate Court to the defendant, Gerke, Clark afterwards purchased from the absent heirs a large portion of the property. An information was filed by the Attorney General in the Court below, citing the defendants to show cause why Deck’s estate should not…
1Opinion of the CourtHeydenfeldt, J.
Bryan, J., concurred.
By a convention between the United States and the Kingdom of Prussia, made in the year 1828, the 14th article provides, ‘‘And when on the death of any person holding real estate within the territory of the one party, such real estate would, by the laws of the land, descend on a citizen or subject of the other, were he not disqualified by alien-age, such citizen or subject shall be allowed a reasonable time to sell the same, and to withdraw the proceeds without molestation.”
The Attorney General, in support of the information filed in this case, denies the power of the…
2Cases cited1 opinion
- Chirac v. Lessee of ChiracSupreme Court of the United States · 1817
3Cited by16 opinions
- Hauenstein v. LynhamSupreme Court of the United States · 1880
- Clark v. AllenSupreme Court of the United States · 1947
- Wunderle v. WunderleIllinois Supreme Court · 1893
- Cohen v. WrightCalifornia Supreme Court · 1863
- In re ParrottUnited States Circuit Court · 1880
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