Legal Opinion

Doolan v. McCauley

California Supreme Court

Decided March 3, 1885No. 8,964PublishedCited by 3 opinions

Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. Action of ejectment. Mary A. Greenwood was, in her lifetime, the owner of the premises in controversy. In 1861, she gave to the defendant a written lease thereof for five years.

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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. Action of ejectment. Mary A. Greenwood was, in her lifetime, the owner of the premises in controversy. In 1861, she gave to the defendant a written lease thereof for five years. The lease provided that upon the expiration thereof, the lessor might have the right to purchase the improvements placed thereon by the lessee at an appraised valuation, or if she did not so purchase, that they might be removed by thelessee. The defendant entered upon the premises under this…

1Opinion of the Court

The Court

The administrator of the estate of Mary Ann Greenwood, deceased, had authority to lease the real property of her estate during the period of administration, any lease for a term definite being subject to be terminated by final distribution of the estate, and the discharge of the administrator. The testimony of the witness Brumagim, administrator—the truth of which is assumed by the finding against the defendant upon the plea of the statute of limitations—was to the effect that it was agreed between him and McCauley that the latter should occupy the premises for ten years, at the rate…

2Cited by3 opinions

  1. Miller & Lux v. GrayCalifornia Supreme Court · 1902
  2. Johnstone v. SanbornMontana Supreme Court · 1960
  3. Johnstone v. SanbornMontana Supreme Court · 1960

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