Lawrence v. Bellingham Bay & British Columbia Railroad

The opinion of the court was delivered by

Hoyt, J. —

The allegations of the complaint filed in this action show that the title under which plaintiff claims, in part, at least, is that of heir of her husband. In the case of Balch v. Smith, ante. p. 497 (decided by this court on July 6 last), we held that the usual method by which an heir was vested with such a perfect title to property, real or personal, of his ancestor, as would enable him to maintain an action therefor, was, by a decree of distribution of the probate court, pending, or at the close of, administration upon the estate of the…