In re Estate of Couts
California Supreme Court
Appeal from an order of the Superior Court of San Diego County denying a motion for a new trial. On March 5,1890, Gave J. Gouts, one of the heirs-at-law of the decedent, having an allowed claim against the executrix of the will of the decedent, filed a petition for an order requiring the executrix to sell so much of the real estate as should be necessary to pay his claim, alleging that there was no personal property from which it could be paid.
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Appeal from an order of the Superior Court of San Diego County denying a motion for a new trial. On March 5,1890, Gave J. Gouts, one of the heirs-at-law of the decedent, having an allowed claim against the executrix of the will of the decedent, filed a petition for an order requiring the executrix to sell so much of the real estate as should be necessary to pay his claim, alleging that there was no personal property from which it could be paid. At the hearing of the petition upon the first trial, a nonsuit was granted, and the proceeding dismissed, from which order an appeal was taken to the…
1Opinion of the CourtHarrison, J.
Upon the former appeal herein (87 Cal. 480), it was held that the petition for the order of sale was sufficient, and that determination is conclusive of the question upon the present appeal. The subsequent permission of the court below to allow Mrs. Dear to file objections to granting an order of sale does not give her any right to renew the objections to the sufficiency of the petition. By the proper publication of the order to show cause why the petition should not be granted, she was brought within the jurisdiction of the court, and was bound by its action as fully by her default for not…
2Cases cited2 opinions
- Borland v. Nevada BankCalifornia Supreme Court · 1893
- In re Estate of CoutsCalifornia Supreme Court · 1891
3Cited by8 opinions
- In re Estate of RedfieldCalifornia Supreme Court · 1897
- Rafferty v. KearneyCalifornia Supreme Court · 1901
- Priewe v. PrieweNorth Dakota Supreme Court · 1919
- Dane v. LayneCalifornia Court of Appeal · 1909
- Haberly v. HaberlyCalifornia Court of Appeal · 1915
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