Kearney v. Kearney
California Supreme Court
Appeal from a judgment of the Superior Court of San Joaquin County. The facts are stated in the opinion of the court.
1Opinion of the CourtSearls, C. J.
This is an equitable action brought by the plaintiffs as heirs at law of J. W. Kearney, deceased, against the defendant, the widow of decedent, to set aside a certain decree of the Superior Court in probate, whereby a homestead was set apart to defendant.
The cause was tried by the court, findings in writing filed, upon which judgment in favor of defendant was entered. Plaintiffs appeal from the judgment, and the cause comes up on the judgment roll
The gravamen of the charge is fraud in procuring the decree whereby the homestead was carved out of decedent’s estate, and that no notice was given…
2Cases cited5 opinions
- Woodruff v. TaylorSupreme Court of Vermont · 1847
- Wyman v. CampbellSupreme Court of Alabama · 1838
- Thoms v. SouthardCourt of Appeals of Kentucky · 1834
- Estate of BurnsCalifornia Supreme Court · 1880
- The GlobeU.S. Circuit Court for the District of Northern New York · 1852
3Cited by28 opinions
- Hanley v. HanleyCalifornia Supreme Court · 1896
- Fealey v. FealeyCalifornia Supreme Court · 1894
- State v. O'DayOregon Supreme Court · 1902
- Saddlemire v. Stockton Savings & Loan SocietyCalifornia Supreme Court · 1904
- Santa Clarita Organization for Planning & the Environment v. Castaic Lake Water AgencyCalifornia Court of Appeal · 2016
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