Griffith v. Godey
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF CALIFORNIA. This was a suit in equity to charge the defendants as trustees of certain'property in which the complainant was interested, and which they received and disposed of.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF CALIFORNIA. This was a suit in equity to charge the defendants as trustees of certain'property in which the complainant was interested, and which they received and disposed of. The facts out of which the case arose, briefly stated, were as follows: For some years previous to 1870 the complainant Ellis Griffith and his brother John Griffith were partners, engaged in the business of cattle raising, and resided in Kern County, California, where they occupied what is called a stock range — a tract of country on which cattle…
1Opinion of the CourtJustice Field
He recited the facts as above stated, and continued:
It is well established that a settlement of an administrator’s account, by, the decree of a Probate Court, does not conclude as to property accidentally or fraudulently withheld from the account. If the property be omitted by mistake, or be subsequently discovered, a court of equity may exercise its jurisdiction in the premises, and take such action as justice to the heirs of the deceased or to the creditors of the estate may require, even if the Probate Court might, in such case, open its decree and administer upon the omitted property. And…
2Cases cited2 opinions
- Allore v. JewellSupreme Court of the United States · 1877
- Curtis v. SutterCalifornia Supreme Court · 1860
3Cited by43 opinions
- Jorgensen v. JorgensenCalifornia Supreme Court · 1948
- Tucker v. StewartSupreme Court of Iowa · 1903
- Simonton v. Los Angeles Trust & Savings BankCalifornia Supreme Court · 1923
- Orth v. OrthIndiana Supreme Court · 1895
- Thomas, Administrator v. HawpeCourt of Appeals of Texas · 1904
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