Waterman v. Lawrence
California Supreme Court
Appeal from the Fourth District. In addition to the facts stated in the opinion, these are added: 1st, the bill in the present suit avers, among other things, that the decree in the partition suit brought by Lawrence was based entirely upon the admissions and confessions of the infants, made by their guardians ad litem in their answer therein, and that there was no evidence adduced; and as this case comes up on demurrer to the complaint, the averment must be taken as true.
Read the full summary
Appeal from the Fourth District. In addition to the facts stated in the opinion, these are added: 1st, the bill in the present suit avers, among other things, that the decree in the partition suit brought by Lawrence was based entirely upon the admissions and confessions of the infants, made by their guardians ad litem in their answer therein, and that there was no evidence adduced; and as this case comes up on demurrer to the complaint, the averment must be taken as true. Further, the order for a decree in the partition suit is thus: “ Let a decree-be drawn in accordance with the confessions…
1Opinion of the CourtBaldwin, J.
Field, C. J. and Cope, J. concurring.
In 1855, Lawrence filed a complaint in the Superior Court of the city of San Francisco for a partition of certain real estate in that city. Lawrence claimed that by certain mesne conveyances he held an undivided interest in fifty vara lot No. 75, which interest was held in common with certain heirs of one John Duncomb, some of whom were infants. To this complaint the infant heirs filed their answer by John Evans and Margaret, his wife, the latter the widow of John Duncomb, and the mother of the defendants. Evans and wife had been appointed by the Court…
2Cited by22 opinions
- Berry v. ChaplinCalifornia Court of Appeal · 1946
- Whitten v. DabneyCalifornia Supreme Court · 1915
- Hogan v. IngoldCalifornia Supreme Court · 1952
- Missouri Pacific Railway Co. v. LascaSupreme Court of Kansas · 1909
- American Medical International, Inc. v. FellerCalifornia Court of Appeal · 1976
17 more not listed; retrieve them via the Exa API.