Legal Opinion

Burris v. Kennedy

California Supreme Court

Decided August 2, 1895No. 15634PublishedCited by 66 opinions

Appeal from a judgment of the Superior Court oí Alameda County and from an order denying a new-trial. John Ellsworth, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtTemple, J.

This is an action to quiet title, and the complaint contains only the allegations that plaintiff is the owner of the demanded premises, and the defendants claim title to the same adversely to plaintiff. Defendants claim under a probate sale.

Plaintiff’s grantor, Annie Church, now Mrs. Spaulding, and defendant, Mrs. McNeil, were practically sole heirs of James Kennedy, deceased, from whom both parties derive title. I say practically, for James Kennedy died intestate, leaving a widow, Mrs. Spaulding’s mother, who took one-half the estate, and before the administration was closed herself died…

2Cases cited8 opinions

  1. In re the Estate of BurtonCalifornia Supreme Court · 1892
  2. Burris v. AdamsCalifornia Supreme Court · 1892
  3. Bergin v. HaightCalifornia Supreme Court · 1893
  4. Bush v. LindseyCalifornia Supreme Court · 1872
  5. In re Estate of SpriggsCalifornia Supreme Court · 1862

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3Cited by66 opinions

  1. Leeper v. BeltramiCalifornia Supreme Court · 1959
  2. Security-First National Bank v. Superior CourtCalifornia Supreme Court · 1934
  3. Texas Co. v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1935
  4. Crew v. PrattCalifornia Supreme Court · 1897
  5. Clark v. RossierIdaho Supreme Court · 1904

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