In re the Estate of Arguello
California Supreme Court
Appeal from an order of the Superior Court of San Diego County directing the sale of certain real property of an estate. The facts are stated in the opinion of the court.
1Opinion of the CourtMcFarland, J.
This is an appeal from an order directing the sale of certain real property of the estate, upon the petition of E. W. Morse, a creditor.
1. Appellants contend that the petition is fatally defective, because it does not contain the matters required to be stated therein by section 1537 of the Code of Civil Procedure.
It has been settled here that a substantial compliance with that section is sufficient. (Stuart v. Allen, 16 Cal. 501; Richardson v. Butler, 82 Cal. 174.) But it would not be necessary for respondent to invoke that rule in the case at bar, because the petition here is very full, and…
2Cases cited5 opinions
- Richardson v. ButlerCalifornia Supreme Court · 1889
- Estate of CrosbyCalifornia Supreme Court · 1880
- Stuart v. AllenCalifornia Supreme Court · 1860
- Campbell v. CoburnCalifornia Supreme Court · 1888
- Sullivan v. HendricksonCalifornia Supreme Court · 1880
3Cited by7 opinions
- Shields v. PauwelynMontana Supreme Court · 1905
- Couco v. DrinkhouseCalifornia Supreme Court · 1902
- In Re Estate of HumeCalifornia Supreme Court · 1918
- Leadbetter v. LakeCalifornia Supreme Court · 1897
- Estate of MunsonCalifornia Court of Appeal · 1948
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