Irwin v. Scriber
California Supreme Court
Appeal from the Fifteenth District. Marquito Soto died in the city of Sacramento in November, 1860, leaving among her assets a note made by respondents, Scriber and wife, for $1,000, and secured by mortgage on certain real estate located in the town of Oroville, Butte county.
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Appeal from the Fifteenth District. Marquito Soto died in the city of Sacramento in November, 1860, leaving among her assets a note made by respondents, Scriber and wife, for $1,000, and secured by mortgage on certain real estate located in the town of Oroville, Butte county. On the-day of January, 1861, Jared Irwin, Public Administrator of the city and county of Sacramento, and administrator of the estate of deceased, commenced an action in the District Court of the Fifteenth District, Butte county, to foreclose such mortgage, setting forth the following facts, to wit: That on the-day of…
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
The only question presented in this case is, whether it can be collaterally shown against the grant of administration upon an estate made by the Probate Court of one county, that the Court had no jurisdiction, by showing that deceased had not her last place of residence in that county.
We. think it cannot. By the Act of March 27th, 1858, (Stat. 1858, 95) it is provided that the proceedings of Courts of Probate within the jurisdiction conferred on them by the laws shall be construed in the same manner and with like intendments as proceedings of Courts of general…
2Cases cited4 opinions
- Beckett v. SeloverCalifornia Supreme Court · 1857
- Atkins v. KinnanNew York Supreme Court · 1838
- Estate of CookCalifornia Supreme Court · 1859
- Sutton v. Estate of SuttonSupreme Court of Vermont · 1841
3Cited by15 opinions
- Murchison v. White, 54 Tex. 78 (Tex. 1880)Texas Supreme Court · 1880
- Burris v. KennedyCalifornia Supreme Court · 1895
- Balsewicz v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1909
- Epping, Bellas & Co. v. RobinsonSupreme Court of Florida · 1884
- Beresford v. American Coal Co.Supreme Court of Iowa · 1904
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