Ryder v. Cohn
California Supreme Court
Appeal from the District Court, Twelfth Judicial District," City and County of San Francisco. Henry C. Johnson died intestate at the Pueblo of San Francisco, State of California, about the 26th day of December, 1849, leaving surviving him his wife, Elizabeth Johnson, then residing at said pueblo, his mother, Eliza Moss, and his brothers, F. A. Johnson, ¡Samuel J., James W., Edgar M., and David J. Johnson, and his sister, Selina E. Abraham, wife of Abraham Abraham.
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Appeal from the District Court, Twelfth Judicial District," City and County of San Francisco. Henry C. Johnson died intestate at the Pueblo of San Francisco, State of California, about the 26th day of December, 1849, leaving surviving him his wife, Elizabeth Johnson, then residing at said pueblo, his mother, Eliza Moss, and his brothers, F. A. Johnson, ¡Samuel J., James W., Edgar M., and David J. Johnson, and his sister, Selina E. Abraham, wife of Abraham Abraham. The mother, brothers, and sister lived at Cincinnati, Ohio. The deceased left no children or father. At the time of his death…
1Opinion of the Court
By the Court, Crockett, J. :
The two principal questions presented by this appeal are, first, whether the title of the plaintiff, founded on the sale by the administrator of the real estate of Henry D. Johnson, deceased, is valid, or whether the alleged administration and all the proceedings thereunder are absolutely void; second, whether, conceding the administrator’s sale to have been void, the heirs at law have ratified it by accepting a part of the purchase money for which it sold.
The administration proceedings were commenced before the Alcalde in 1849, and were transferred to and…
2Cases cited8 opinions
- Hahn v. KellyCalifornia Supreme Court · 1868
- Wilson v. CastroCalifornia Supreme Court · 1866
- Downer v. SmithCalifornia Supreme Court · 1864
- Coppinger v. RiceCalifornia Supreme Court · 1867
- Tevis v. PitcherCalifornia Supreme Court · 1858
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3Cited by9 opinions
- Segal v. ReisertCourt of Appeals of Kentucky · 1908
- McNeil v. First Congregational Soc'y of S.F.California Supreme Court · 1884
- Braly v. ReeseCalifornia Supreme Court · 1876
- Seaverns v. GerkeU.S. Circuit Court for the District of California · 1875
- In re SwearingerDistrict Court, D. Nevada · 1877
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