Updegraff v. Trask
California Supreme Court
Appeal from the Eleventh District. Ejectment. The complaint, filed in June, 1861, alleges that plaintiff is sole, heir of one Updegraff, who died in 1858 seized of certain mining claims; that there are no outstanding debts against •the estate, and therefore that there is no necessity for-any administrator ; and that defendant has wrongfully entered, etc. Defendant filed a general demurrer. Overruled, and final judgment for plaintiff. Defendant appeals.
1Opinion of the Court
Baldwin J. delivered the opinion of the Court.
Cope, J. concurring.
The principal question in this case is, whether the heir can maintain ejectment for realty left by the ancestor, a considerable period elapsing after the. death, and no administration having been taken on the estate and there being no debts.
We think, independent of other qualification than the fact that no administration exists upon the estate, that the heir may maintain this action. He has a right of entry, subject only to the claim of the administrator, when there is one. This follows from his general title cast by the…
2Cited by4 opinions
- Noe v. CardCalifornia Supreme Court · 1860
- Gossage v. Crown Point Gold & Silver Mining Co.Nevada Supreme Court · 1879
- Chapman v. HollisterCalifornia Supreme Court · 1871
- Smith ex rel. Smith v. ShrievesNevada Supreme Court · 1878