Branson v. Caruthers
California Supreme Court
Appeal from the District Court, Eighteenth Judicial District, County of San Diego. Nancy J. Branson, was the wife of Louis Branson, and was sole plaintiff when the action was commenced.
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Appeal from the District Court, Eighteenth Judicial District, County of San Diego. Nancy J. Branson, was the wife of Louis Branson, and was sole plaintiff when the action was commenced. She averred in her complaint, that she was in the possession of a lot, one hundred feet by two hundred, at the north-east corner of block one hundred and eighty-seven, in Horton’s addition to the city of San Diego; that the same was her separate property, and that the defendants claimed an estate therein adverse to her, and their claim was without right. She asked the Court to decree that the defendants had no…
1Opinion of the Court
By the Court, Crockett, J.:
The first point of the defendants, to the effect that the judgment in the tax suit was void for want of a service of process, is answered by the case of Truman v. Robinson, 44 Cal. 623, in which we discussed the same statutes under which these proceedings were had. We there held that under the Revenue Act of April 4, 1864, a recital in the decree “that all owners and claimants of the property have been duly summoned to answer the complaint, and have made default shall be proof of those facts.” The first section of the Act expressly so provides. (Statutes 1863-4, p.…
2Cases cited2 opinions
- Hahn v. KellyCalifornia Supreme Court · 1868
- Truman v. RobinsonCalifornia Supreme Court · 1872
3Cited by16 opinions
- Stewart v. SilvaCalifornia Supreme Court · 1923
- Ward v. DoughertyCalifornia Supreme Court · 1888
- White v. WhiteWest Virginia Supreme Court · 1909
- Campbell ex rel. Estate of Campbell v. CarruthSupreme Court of Florida · 1893
- Marple v. JacksonCalifornia Supreme Court · 1920
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