Legal Opinion

McCaughey v. Lyall

Supreme Court of the United States

Decided May 13, 1912No. 228PublishedCited by 5 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. The facts, which involve the constitutionality under the due process clause of the Constitution of a statute of California, are stated in the opinion.

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ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. The facts, which involve the constitutionality under the due process clause of the Constitution of a statute of California, are stated in the opinion. By § 1384, Civil Code of California, the property of one who dies without disposing of it by will, passes to the heirs of the intestate, subject to the control of the probate court, and to the possession of any administrator ap-. pointed by that court, for the purposes of administration. The Supreme Court of the State held that upon the death of the ancestor, the title to the real estate…

1Opinion of the CourtJustice McKenna

This writ of error is directed to a judgment of the Supreme Court of the State of California sustaining the title of defendants in error to certain lands in that State derived through a sheriff’s sale of the same upon suit for foreclosure of a mortgage. The suit was instituted and prosecuted against the administratrix of the estate of the father of plaintiffs in error, they not having been made parties nor given notice of pendency of the suit.

The facts, as stated in the opinion of the court, are as follows (152 California, 615, 616):

“George McCaughey died intestate on March 1, 1890. The…

2Cited by5 opinions

  1. Glover v. BrownIdaho Supreme Court · 1919
  2. In re the Accounting of LiebschutzAppellate Division of the Supreme Court of the State of New York · 1955
  3. O'Bannon v. Town Court Nursing CenterSupreme Court of the United States · 1980
  4. O'Bannon v. Town Court Nursing CenterSupreme Court of the United States · 1980
  5. Schenk v. SchwarzNew York Supreme Court · 1944

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