Rush v. McDermott
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Countv of Solano. The estate of Hiram Bush, deceased, owned the east half of section nine, township four north, range one west, Mount Diablo meridian, Solano County. The plaintiff was administratrix, and, as administratrix, along with seventeen other persons, inhabitants of the road district, signed a petition to the board of supervisors to lay out a road over said land and other lands adjoining.
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Appeal from the District Court, Seventh Judicial District, Countv of Solano. The estate of Hiram Bush, deceased, owned the east half of section nine, township four north, range one west, Mount Diablo meridian, Solano County. The plaintiff was administratrix, and, as administratrix, along with seventeen other persons, inhabitants of the road district, signed a petition to the board of supervisors to lay out a road over said land and other lands adjoining. The petition stated that “ Sarah E. Bush, administratrix,” consented to the laying out and opening of the road. The board appointed viewers…
1Opinion of the Court
By the Court:
The administratrix has no power to bind the heirs by consenting to a proceeding under the provisions of the Political Code for laying out a public highway, by which they are divested of their estate in lands without their consent. If her acts in this case are to be construed as a consent on her part to the proceeding, they are to that extent void, and are not obligatory either upon her as administratrix or upon the heirs; and aside from the assumed assent of the administratrix, it is not pretended that any other person interested in the estate assented, or that any steps were…
2Cited by7 opinions
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