Stuart v. Allen
California Supreme Court
Appeal from the Seventh District. Suit to quiet title. The facts are substantially stated in the opinion. It may be added, however, that the Probate Court, in confirming the contract between Mrs. White and Stuart, directed her to make him a deed of the land.
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Appeal from the Seventh District. Suit to quiet title. The facts are substantially stated in the opinion. It may be added, however, that the Probate Court, in confirming the contract between Mrs. White and Stuart, directed her to make him a deed of the land. The land, after being advertised for sale as usual, was sold at public auction to Stuart, for $3,000; a report of the sale, in which Stuart was stated to be the highest and best bidder, etc., was made to the Court and confirmed, and a deed of the right, title and interest of the deceased ordered to be executed by the administratrix to…
1Opinion of the CourtBaldwin, J.
Field C. J. and Cope, J. concurring.
This action involves the title to a tract of land in Sonoma county. Charles White died, in this State, in 1853, seized of this tract. He left a widow and three infant children. One of the children died after the proceedings hereafter mentioned, upon the validity and effect of which the questions made by this record are dependent. Mrs. White—now Allen—administered on the estate of the decedent. She made a power of attorney to one Crosby, by which she empowered him to make a contract, upon the best terms he could, for the sale of this tract of land. Crosby,…
2Cases cited1 opinion
- Gregory v. McPhersonCalifornia Supreme Court · 1859
3Cited by18 opinions
- Mecham v. McKayCalifornia Supreme Court · 1869
- Burris v. AdamsCalifornia Supreme Court · 1892
- Richardson v. ButlerCalifornia Supreme Court · 1889
- Wood v. RoachCalifornia Court of Appeal · 1932
- Wright v. EdwardsOregon Supreme Court · 1882
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