Griffin v. Warner
California Supreme Court
Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. Ejectment to recover a tract of about four acres of land, lying in Los Angeles. On the 5th day of December, 1862, Maria Antonio Clayton died, intestate, leaving surviving her, her husband, Henry Clayton, but no children. At the time of her death the demanded premises were her separate property.
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Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. Ejectment to recover a tract of about four acres of land, lying in Los Angeles. On the 5th day of December, 1862, Maria Antonio Clayton died, intestate, leaving surviving her, her husband, Henry Clayton, but no children. At the time of her death the demanded premises were her separate property. In 1863, said Henry mortgaged his interest in the land to James 0. Welch, to secure his debt to said Welch. Welch foreclosed this mortgage; and, in 1869, received a Sheriff’s deed, and afterwards, in July, 1869, died,…
1Opinion of the Court
By the Court, Crockett, J.:
The point made by the appellant that the order of June 19, 1865, was made by the Judge at Chambers and not in *385open Court, is not sustained by the record. Nor was the order void because made after the lapse of the term. On refusing to confirm the first sale, it was in the discretion of the Court either to order a nevf sale or to accept Warner’s bid. (Probate Act, sec. 169.) Instead of doing either, the Court merely vacated the sale, and held it as null and void, and continued the proceedings until the next term. It is admitted that all the proceedings were regular up…
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