Cass

Cass v. Hutton

Good Law
155 Cal. 103·1909 Cal. LEXIS 397·99 P. 493
Supreme Court of CaliforniaJanuary 5, 1909L.A. No. 2193.California1,070 words

Opinion

Lead Opinion

Melvin, J.

On July 17, 1906, F. S. Hutton was duly appointed by the superior court of Los Angeles County administrator of the estate of Mary A. Bragg, deceased. He duly qualified as such administrator, and thereafter a suit was brought against him in his capacity of administrator of the estate of Mary A. Bragg, deceased, by F. O. Cass to quiet title to certain lots in the town of Broadacres, county of Los Angeles. The said administrator filed an answer in this suit; the cause was duly tried, and a decree quieting the title of plaintiff in and to said lots was duly made and entered on August 16, 1906. Almost a year later, on August 2, 1907, appellants Eugenia H. Bragg, Marion B. Laws, and Caleb S. Bragg presented their motion to said superior court praying that the judgment of August 16, 1906, be set aside, and that they, as heirs at law and next of kin of Mary A. Bragg, deceased, be permitted to file an answer, a copy of which was annexed to their petition. Their notice of motion states the basis of their application as follows: “Said motion is made upon the grounds that the said moving parties are the only real parties in interest in the said suit; that they have their residence without the…

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