Curtis v. Sutter

Baldwin,J. and Cope, J. concurring.

The plaintiff is the administrator, with the will annexed, of the estate of Stephen Smith, deceased, and brings the present action to determine an interest, which the defendants claim adversely, in certain real property, alleged to constitute a part of that estate situated in the county of Sonoma, and known as the Bodega Rancho. The complaint alleges, in substance, that Smith was at the time of his death the owner in fee of the premises, and was then, and for twelve years previously had been, in the peaceful and undisturbed possession of the same, under a…