McKinnie v. Shaffer
California Supreme Court
Appeal from, a judgment of the Superior Court of Los Angeles County. The action was brought to quiet the plaintiff's title to a tract of land.
Read the full summary
Appeal from, a judgment of the Superior Court of Los Angeles County. The action was brought to quiet the plaintiff's title to a tract of land. The complaint alleged that the plaintiff's intestate, P. 0. McKinnie, died prior to July 19, 1879, leaving him surviving the plaintiff, his widow, and the defendants, Mary J. Shaffer, Murray McKinnie, and Frederick McKinnie, his only surviving children, all of lawful age; that letters of administration of the estate of the said decedent were duly issued to the plaintiff on the third day of August, 1879, and that on the 6th of September, 1879, upon…
1Opinion of the CourtThornton, J.
The demurrer to the complaint was properly overruled. We see no reason why a party owning a homestead is not entitled to have his or her title, to it quieted against the claims of others. Whatever interest the plaintiff has may be quieted. If a title in fee, such interest may be quieted; if a less interest, the less interest may be likewise quieted. Such we understand to be the rulings of this court. (Stoddard v. Burge, 53 Cal. 394; Pierce v. Felter, 53 Cal. 18.)
We will say further that under the statute as it stood in 1879, when the order setting apart the homestead was made, the decedent…
2Cases cited2 opinions
- Pierce v. FelterCalifornia Supreme Court · 1878
- Stoddart v. BurgeCalifornia Supreme Court · 1879
3Cited by10 opinions
- German-American Sav. Bank v. GollmerCalifornia Supreme Court · 1909
- Le Vasseur v. RoullmanMontana Supreme Court · 1933
- Sexton v. SutherlandNorth Dakota Supreme Court · 1917
- Stephenson v. DeuelCalifornia Supreme Court · 1899
- Pollock Mining & Milling Co. v. DavenportMontana Supreme Court · 1904
5 more not listed; retrieve them via the Exa API.