Lincoln v. Alexander
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. The action was ejectment for a portion of fifty-vara lot No. 871 in San Franóisco. The father of the plaintiffs acquired title to the premises by original grant. He died intestate in 1853, and letters of administration were taken out by his widow, Priscilla.
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Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. The action was ejectment for a portion of fifty-vara lot No. 871 in San Franóisco. The father of the plaintiffs acquired title to the premises by original grant. He died intestate in 1853, and letters of administration were taken out by his widow, Priscilla. After proper proceedings had in the Probate Court the property was distributed to plaintiffs and their elder brother, the surviving children of the intestate. No partition was ever had. In April, 1854, the widow intermarried with Francis L.…
1Opinion of the Court
The deed to defendants was void for want of power in the grantor to convey the premises. She was not the guardian, and had no power except such as was conferred by the special Act of April 29th, 1857. That act was unconstitutional, being in conflict with Art. HI of the Constitution. The appointment of a guardian, the control, management, and sale of the wards’ estate, are duties pertaining to the judicial and not to the legis*485lative branch of the Government. They are duties which had been, and were at the time of the attempted sale under the act in question, vested in the Courts, and…
2Cases cited2 opinions
- In re AndrewsNew York Court of Chancery · 1814
- Brenham v. DavidsonCalifornia Supreme Court · 1876
3Cited by8 opinions
- Caminetti v. Pac. Mut. Life Ins. Co. of Cal.California Supreme Court · 1943
- Langever v. MillerTexas Supreme Court · 1934
- Beverly Beach Properties v. NelsonSupreme Court of Florida · 1953
- De Greayer v. Superior CourtCalifornia Supreme Court · 1897
- State ex rel. Howell v. WildesNevada Supreme Court · 1911
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