Legal Opinion

Burton v. Burton

California Supreme Court

Decided June 19, 1889No. 12955PublishedCited by 19 opinions

Appeal from an order of the Superior Court of San Diego County denying a new trial. The principal facts are stated in the opinion of the court. The defendants Leach and Capron claimed title under foreclosure of a mortgage executed by the widow and heirs after the patent was obtained. (See statement of facts in the opinion of the court in McDonald v. Burton, 68 Cal. 445.)

1Opinion of the CourtMcFarland, J.

—This action was brought to have.it adjudged and decreed that a certain tract of land known as the Rancho Jamul is the property of the estate of Henry S. Burton, deceased, and subject to the administration thereof, and that the legal title thereto, held by either of the defendants, is held in trust for said estate, etc. The defendant Maria A. Burton (widow of said deceased) admitted all the allegations of the complaint, and set up by way of cross-complaint that she was entitled to a certain particularly described part of said rancho as a homestead, which had been set apart to her by the…

2Cases cited1 opinion

  1. McDonald v. BurtonCalifornia Supreme Court · 1886

3Cited by19 opinions

  1. Savings & Loan Society v. BurnettCalifornia Supreme Court · 1895
  2. Estate of BairdCalifornia Supreme Court · 1924
  3. Millard v. Supreme Council of American Legion of HonorCalifornia Supreme Court · 1889
  4. McDonald v. McCoyCalifornia Supreme Court · 1898
  5. McCarthy v. BrownCalifornia Supreme Court · 1896

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