State v. Rogers
California Supreme Court
Appeal fvom the Fourth District. The Attorney-General filed in the Fourth District an information, setting forth that David Morgan and Isaac Leviclc had died seized of certain real estate, situated in the city of San Francisco, without heirs capable of inheriting, and claimed that the estate had escheated to the State.
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Appeal fvom the Fourth District. The Attorney-General filed in the Fourth District an information, setting forth that David Morgan and Isaac Leviclc had died seized of certain real estate, situated in the city of San Francisco, without heirs capable of inheriting, and claimed that the estate had escheated to the State. The Administrator and terre-tenants put in an answer denying the facts stated in the information, and also set forth that there were heirs who, at the time, were non-resident. Two of the heirs of David Morgan, by their Attorneys in fact, filed a demurrer, on the ground that no…
1Opinion of the CourtBaldwin, J.
Terry, C. J. concurring.
This is an information of escheat, filed by the Attorney-General, to establish the State’s interest in certain real estate to which it is alleged the State has title, in consequence of the alienage of those who would otherwise be entitled.
It is conceded by the Attorney-General, that this claim of the State must fail, if the Act of the Legislature of April 19th, 1856, entitled “An Act relative to Escheated Estates,” (Stat. of 1856, 137,) be constitutional. That Act provides :
“ Section 1. Aliens shall hereafter inherit, and hold by inheritance, real and personal estate,…
2Cases cited2 opinions
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