Gregory v. Taber
California Supreme Court
Appeal from the Seventh District. Ejectment for one hundred and thirty-five acres of land in Contra Costa county. The land in controversy is part of a larger tract granted in the year 1834 to Juan Sanchez de Pacheco, called the Rancho San Miguel. The grantee, Juana Sanchez de Pacheco, died in the county of Santa Clara, in the year 1853. Frank Lightston and Joaquin Y. Castro were named as executors in her will.
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Appeal from the Seventh District. Ejectment for one hundred and thirty-five acres of land in Contra Costa county. The land in controversy is part of a larger tract granted in the year 1834 to Juan Sanchez de Pacheco, called the Rancho San Miguel. The grantee, Juana Sanchez de Pacheco, died in the county of Santa Clara, in the year 1853. Frank Lightston and Joaquin Y. Castro were named as executors in her will. The will was proved and admitted to probate on the twenty-sixth day of September, 1853, and Lightston and, Castro were appointed executors and qualified as such. On the twenty-fourth…
1Opinion of the CourtBaldwin, J.
Field, C. J. and Cope, J. concurring.
■ This case involves most of the facts and principles embraced in the case of (Gregory v. McPherson, reported in 13 Cal. 562.
The action is ejectment, the plaintiff claiming the tract of land sued for by virtue of an executor’s sale of the property as that of *409the estate of Juana Sanchez de Pacheco. The defendant resisted the suit, upon the ground that the proceedings for the sale were fatally defective, and the sale void. The defects insisted on are, as in the case of Gregory v. McPherson, mainly: 1st, that two executors qualified upon-Mrs. Pacheco’s will,…
2Cases cited1 opinion
- Gregory v. McPhersonCalifornia Supreme Court · 1859
3Cited by3 opinions
- Townsend v. TallantCalifornia Supreme Court · 1867
- Sprigg v. StumpUnited States Circuit Court · 1881
- Leflore v. SteenSupreme Court of Oklahoma · 1925