Haynes v. Meeks
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This was an action of ejectment brought by the plaintiff against the defendant, to recover the possession of a tract of land.
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Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This was an action of ejectment brought by the plaintiff against the defendant, to recover the possession of a tract of land. The facts necessary to explain the decision, are substantially these: George Harlan resided and died in Santa Clara county, in July, 1850, seized of the premises in controversy; and administration was duly granted to Henry C. Smith by the Probate Court of that county, in August, 1850. On the 29th of November, 1853, Smith was cited to appear and show cause why an attachment should…
1Opinion of the Court
At the July Term, 1857, Murray, C. J., delivered the opinion of the
C. J., concurring.
The only question involved in this case is, whether an administrator can resign, by permission of the Probate Court, without having previously settled up his accounts.
Section one hundred of the Act regulating the Settlement of the Estates of Deceased Persons, provides “ that an' executor or administrator may, at any time, by writing filed in the Probate Court, resign his appointment; provided, he shall first settle his accounts, and deliver up all the estate to such person as may be appointed by the Court.”…
2Cases cited2 opinions
- Beckett v. SeloverCalifornia Supreme Court · 1857
- Flinn v. ChaseNew York Supreme Court · 1847
3Cited by10 opinions
- Texas Co. v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1935
- Davis v. GainesSupreme Court of the United States · 1881
- Haynes v. MeeksCalifornia Supreme Court · 1862
- Meeks v. VassaultU.S. Circuit Court for the District of California · 1874
- Luco v. Commercial BankCalifornia Supreme Court · 1886
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