Burris

Burris v. Adams

Good Law
1892 Cal. LEXIS 1005·96 Cal. 664·31 P. 565
Supreme Court of CaliforniaDecember 9, 1892No. 14600California1,194 words

Opinion

Lead Opinion

McFarland, J.

This is an action to quiet title to the undivided one eighth of certain land. Judgment went for defendants, and plaintiff appeals from the judgment, and from an order denying a new trial. The affirmance of the judgment depends upon the correctness of certain rulings of the court below sustaining the validity of a certain probate sale, and sustaining objections to evidence offered by appellant for the purpose of showing the invalidity of certain conveyances made in pursuance of and after said sale.

The land in contest originally belonged to the estate of James Kennedy, deceased, which was under process of administration during the years 1885,1886, and 1887. The defendant and respondent Mrs. E. A. K. McNeill *666 was administratrix of said estate. On June 1, 1886, the superior court in which said administration was pending made an order in due form for the sale of certain real property of said estate for the payment of debts, expenses, etc.; and in pursuance thereof, the administratrix, on December 2, 1886, sold to James Adams, for $5,875, certain lands of said estate, including the land in contest in the present action. In pursuance of this sale, which was duly confirmed by the…

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