Wheeler v. Bolton
California Supreme Court
Appeal from, a judgment sustaining a demurrer to the complaint, in the Twelfth District Court, City and County of San Francisco. Daingerfield, J. In the prayer of the complaint the plaintiff demands judgment for the value of the land referred to. The other facts are stated in the opinion.
1Opinion of the Court
Department No. 2, Myrick, J.:
This is an appeal from a judgment rendered after an order sustaining a demurrer, the plaintiff electing not to amend.
The complaint alleges that one Carmen died testate, devising all the estate to plaintiff; that at the time of his decease he was the owner of, and seized and actually possessed, and in the actual occupancy of, a tract of land, described by metes and bounds; that the will of the testator, appointed defendant Bolton and one Adams executors; that the will was probated, and both the executors qualified and entered upon the discharge *304of their duties;…
2Cases cited1 opinion
- Ex parte SmithCalifornia Supreme Court · 1878
3Cited by23 opinions
- Bullis v. Security Pacific National BankCalifornia Supreme Court · 1978
- Wheeler v. BoltonCalifornia Supreme Court · 1891
- Clary v. ClaryCalifornia Supreme Court · 1896
- Morffew v. S.F. & San Rafael R.R.California Supreme Court · 1895
- O'Donnell v. SlackCalifornia Supreme Court · 1899
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