Ganahl v. Soher
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought to recover the possession of certain land. The court instructed the jury in effect that the right of the plaintiff, Henry G. Ganahl, to recover, was barred by section 1573 of the Code of Civil Procedure, because the action was not brought within three years after he attained his majority.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought to recover the possession of certain land. The court instructed the jury in effect that the right of the plaintiff, Henry G. Ganahl, to recover, was barred by section 1573 of the Code of Civil Procedure, because the action was not brought within three years after he attained his majority. The further facts are stated in the opinion of the court.
1Opinion of the CourtRoss, J.
— The plaintiffs claim title to the lot of land in controversy as the heirs at law of Henry Ganahl, who died intestate in the state of Georgia on the twelfth day of May, 1855. In 1867, one Andrew D. Smith filed in the Probate Court of the city and county of San Francisco, where the property is situate, a petition for letters of administration on the estate of said deceased, and an order was subsequently made by the court appointing him administrator. In the course of his administration of the estate, Smith presented to the Probate Court a petition for the sale of the property involved in the…
2Cases cited3 opinions
- Pryor v. DowneyCalifornia Supreme Court · 1875
- Harlan v. PeckCalifornia Supreme Court · 1867
- McNeil v. First Congregational Soc'y of S.F.California Supreme Court · 1884
3Cited by11 opinions
- People v. SameniegoCalifornia Court of Appeal · 1931
- Sandlin v. BarkerSupreme Court of Oklahoma · 1923
- Dennis v. BintCalifornia Supreme Court · 1898
- O'Keefe v. BehrensSupreme Court of Kansas · 1906
- Dodson v. MiddletonSupreme Court of Oklahoma · 1913
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