Cochrane

Cochrane v. Burton

Good Law
105 Cal. 353·1895 Cal. LEXIS 664·38 P. 952
Supreme Court of CaliforniaJanuary 2, 1895No. 19513California862 words

Opinion

lead Opinion

Garoutte, J.

This is an appeal from an order of the superior coupt of San Diego county, made and entered on the twenty-second day of March, 1894, confirming the sale of the Bancho Jamul, made by the pespondent Henry H. Burton, as administrator of the éstate of Henry S. Burton, deceased, to the respondent J. Wade McDonald, on the twenty-fourth day of February, 1894. The objections to the confirmation of the sale were made by the heirs of the deceased, and they now prosecute this appeal. For a reversal of the judgment they rely upon the claim that the sum bid, and for which the sale was made and confirmed, was disproportionate to the value of the land sold.

Upon the hearing of the application for confirmation, and the objections thereto, the court took testimony and made findings of fact to the following effect: 1. That, after due notice given, said property was sold at public auction at the courthouse door, in the city of Sari Diego, for the sum of thirty-eight thousand dollars; 2. That said sale was in all respects fairly and legally conducted and made, and that said sum bid was not disproportionate to the value of the property; 3. That no sum *355 exceeding such bid ten per cent, or…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.