Fitch v. Miller
California Supreme Court
Appeal from the District Court of the Seventh Judicial District. This is an action of ejectment, brought by the appellants against the respondents, for land in Sonoma county. Both parties claim title—the plaintiffs as devisees under the will of Henry D. Fitch—the defendants as purchasers under a guardian’s sale, made by order of the Probate Court of Sonoma county.
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Appeal from the District Court of the Seventh Judicial District. This is an action of ejectment, brought by the appellants against the respondents, for land in Sonoma county. Both parties claim title—the plaintiffs as devisees under the will of Henry D. Fitch—the defendants as purchasers under a guardian’s sale, made by order of the Probate Court of Sonoma county. In September, 1841, a grant was made by the proper authorities of California to Henry D. Fitch, of a tract of land called “ Sotoyome,” and in November, 1844, a further grant was made to him of three leagues of land, adjoining the…
1Opinion of the CourtNorton, J.
This is an action of ejectment, in which the plaintiffs claim title to the premises in dispute as devisees under the will of Henry D. Fitch, deceased, and the defendants claim title under a sale of the same premises by the guardian of said devisees, under the order of a Probate Court, and the question for decision is, whether the provisions of the statute under which such sale was made, were complied with in the particulars essential to the validity of the title acquired by the purchasers. The proceedings were not conducted with the careful regard to the directions of the statute which them…
2Cases cited1 opinion
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