Dohs v. Dohs
California Supreme Court
Appeal from a judgment for the defendant Willoughby against the plaintiff and other defendants in the Twenty-third District Court of the City and County of San Francisco.
Read the full summary
Appeal from a judgment for the defendant Willoughby against the plaintiff and other defendants in the Twenty-third District Court of the City and County of San Francisco. Thornton, J. The complaint (filed April 19, 1819), in effect alleges that Fredrick Dohs, John Dohs, Frank Dohs and Anna Walker, and the defendants, Mary L. Dohs and Adelaide Dohs, are the equitable owners as tenants in common of certain land in the City and County of San Francisco, formerly the property of Catharine Dohs deceased; that, by the will of Catharine Dohs, the defendants Jacob Gundlack and Henry Meyer (together…
1Opinion of the Court
McKinstry, J.:
Section 1697, of the Code of Civil Procedure, provides: “When the estate has been fully administered, and it is shown by the executor or administrator, by the production of satisfactory vouchers, that he has paid all sums of money due from him, and delivered up, under the order of the Court, *260all the property of the estate to the parties entitled, and performed all the acts lawfully required of him, the Court must make a judgment or decree discharging him from all'liability to be incurred thereafter.” Until the entry of such a decree “ the trust still continues in contemplation…
2Cases cited1 opinion
- McCrea v. HaraszthyCalifornia Supreme Court · 1875
3Cited by5 opinions
- Clary v. ClaryCalifornia Supreme Court · 1896
- Wise v. WilliamsCalifornia Supreme Court · 1887
- Dean v. Superior CourtCalifornia Supreme Court · 1883
- Cardoner v. DayDistrict Court, D. Idaho · 1918
- Neustadter v. United StatesCourt of Appeals for the Ninth Circuit · 1937