Richardson v. Musser
California Supreme Court
Appeal from a judgment for the defendant, and from an order denying a new trial, in the Fifteenth District Court, City and County of San Francisco. Dwinelle, J. The plaintiff ivas the heir of Ann Dubois, deceased, who was admitted to have died seized of the land in controversy. The defendants deraigned title under a deed of her administrator, made in pursuance of an order of sale of the Probate Court.
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Appeal from a judgment for the defendant, and from an order denying a new trial, in the Fifteenth District Court, City and County of San Francisco. Dwinelle, J. The plaintiff ivas the heir of Ann Dubois, deceased, who was admitted to have died seized of the land in controversy. The defendants deraigned title under a deed of her administrator, made in pursuance of an order of sale of the Probate Court. The petition for the sale shows that there was personal property in. the hands of the administrator undisposed of, but not sufficient for the payment of debts and charges of administration. The…
1Opinion of the Court
Department No. 1, McKinstry, P. J.:
Complaint by plaintiff, claiming to be the owner, to recover possession of certain real estate held adversely by defendants. Answer, general denial; that the action is barred by the provisions of certain sections of the Code of Civil Procedure; and by some of defendants, an admission that they are severally in possession of designated portions of the demanded premises, and a disclaimer as to the rest.
1st. The petition of the administrator of the estate of Ann Dubois, deceased, of the 21st of November, 1859, was sufficient to give the Probate Court…
2Cited by3 opinions
- Berry v. ChaplinCalifornia Court of Appeal · 1946
- Northern Pacific Railway Co. v. BarlowNorth Dakota Supreme Court · 1910
- Welsh v. NoyesSupreme Court of Colorado · 1887