Luco v. Commercial Bank
California Supreme Court
Appeal from an interlocutory decree of the Superior Court of San Diego County, and from an order refusing a new trial. The action was brought for the partition of certain lands in the county of San Diego. The lands in question originally belonged to one Agustín Olvera, whose title the parties interested in the appeal each claim to have acquired. The plaintiff Luco and those holding under him claim under the judgment referred to in the opinion.
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Appeal from an interlocutory decree of the Superior Court of San Diego County, and from an order refusing a new trial. The action was brought for the partition of certain lands in the county of San Diego. The lands in question originally belonged to one Agustín Olvera, whose title the parties interested in the appeal each claim to have acquired. The plaintiff Luco and those holding under him claim under the judgment referred to in the opinion. The appellant claims as the administrator of the estate of Agustín Olvera. The further facts are stated in the opinion of the court.
1Opinion of the CourtMyrick, J.
The question involved in this appeal is, whether a judgment in favor of Luco against one Castro Olvera as executor of the last will of Agustín Olvera is valid so as to bind the heirs and devisees of the testator.
Agustín Olvera in his lifetime made a contract for the conveyance to Hartman of an interest in real estate. "Agustín died testate, and Castro Olvera received letters testamentary, and entered upon the duties of his office. Luco, assignee of the contract, brought an action against Castro, as executor, to compel the execution of a deed according to the terms of the contract. Castro was…
2Cases cited3 opinions
- Haynes v. MeeksCalifornia Supreme Court · 1862
- Haynes v. MeeksCalifornia Supreme Court · 1858
- Lucas v. ToddCalifornia Supreme Court · 1865
3Cited by7 opinions
- Luco v. De ToroCalifornia Supreme Court · 1891
- Del Campo v. CamarilloCalifornia Supreme Court · 1908
- Varnes v. WhiteArizona Supreme Court · 1932
- Goldtree v. McAlisterCalifornia Supreme Court · 1890
- Estate of King, Superior Court of California, County of San Francisco1896
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