Legal Opinion

Boyd v. Blankman

California Supreme Court

Decided July 1, 1865PublishedCited by 42 opinions

Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Jack Hina died at the City of San Francisco, intestate, on the 3d day of October, 1850, leaving Mary Hina, his widow, him surviving, his sole heir. The said Mary Hina, and the defendant Henry 0. Blank-man, were appointed administrators of the estate of said Jack Hina, deceased, and duly qualified as such, and took upon themselves the duties of such administrators.

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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Jack Hina died at the City of San Francisco, intestate, on the 3d day of October, 1850, leaving Mary Hina, his widow, him surviving, his sole heir. The said Mary Hina, and the defendant Henry 0. Blank-man, were appointed administrators of the estate of said Jack Hina, deceased, and duly qualified as such, and took upon themselves the duties of such administrators. The property and assets of such estate were the lands and premises described in the complaint, being fifty-vara lot Humber Two Hundred and…

1Opinion of the Court

By the Court, Rhodes, J.

This action was brought to establish and enforce a trust in favor of the plaintiff, as the grantee and assignee of Mary Hina, the heir at law of Jack Hina, deceased, as to certain premises, that the defendant purchased at his own sale as administrator; and as incidental to the relief sought in respect to the alleged trust, the plaintiff, prayed for an account of the rents and profits, and for the delivery of the possession of the premises.

The mortgage executed by Jack Hina in his lifetime, which it is alleged the defendant fraudulently procured to be assigned and…

2Cases cited4 opinions

  1. Green v. KempMassachusetts Supreme Judicial Court · 1816
  2. Hardy v. De LeonTexas Supreme Court · 1849
  3. Sublette v. TinneyCalifornia Supreme Court · 1858
  4. Jackson v. Van DalfsenNew York Supreme Court · 1809

3Cited by42 opinions

  1. Murchison v. White, 54 Tex. 78 (Tex. 1880)Texas Supreme Court · 1880
  2. Neet v. HolmesCalifornia Supreme Court · 1944
  3. Spreckels v. SpreckelsCalifornia Supreme Court · 1916
  4. Simpson v. Montgomery Ward & Co.Supreme Court of Pennsylvania · 1946
  5. President & Trustees v. San Diego & Los Angeles RailroadCalifornia Supreme Court · 1872

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