Robinson v. Fair
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OE THE UNITED STATES EOR THE DISTRICT OE CALIFORNIA. This case involved the title to a fifty-vara lot in the city of San Francisco, numbered two hundred and five on. its official map.
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ERROR TO THE CIRCUIT COURT OE THE UNITED STATES EOR THE DISTRICT OE CALIFORNIA. This case involved the title to a fifty-vara lot in the city of San Francisco, numbered two hundred and five on. its official map. It was a part of the separate estate of Horace Hawes, senior, who died, intestate, in that city, on March 12, 1871, leaving as his only heirs at law, his widow Caroline Hawes, and two minor children; Horace Hawes, junior, born March 22,, 1859, and Caroline C. Hawes, born August 26, 1864. In December, 1871, the widow qualified as administratrix in the Probate Court of the city and…
1Opinion of the CourtJustice Harlan
The principal assignment of error is, that, under the Constitution of California prior to 1880, the Probate Court could not take jurisdiction of a proceeding to partition real estate. . It is contended that its control over the estate ceased when it approved the final settlement, and, by a decree of distribution, defined the nature and-extent of the interests of the heirs in the remaining estate of the decedent. A partition severing the unity of' possession among the heirs, and investing each with a right, as against the others, to the exclusive possession and ownership of distinct parts of…
2Cases cited7 opinions
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Settlemier v. SullivanSupreme Court of the United States · 1879
- Cheely v. ClaytonSupreme Court of the United States · 1884
- Perris v. HigleySupreme Court of the United States · 1874
- Hall v. LawSupreme Court of the United States · 1880
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3Cited by24 opinions
- Holyoke v. Estate of HolyokeSupreme Judicial Court of Maine · 1913
- Amy v. AmyUtah Supreme Court · 1895
- Glover v. BrownIdaho Supreme Court · 1919
- Alabama Water Co. v. City of AttallaSupreme Court of Alabama · 1924
- State ex rel. Eakins v. District Court of the Second Judicial DistrictMontana Supreme Court · 1906
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