Bates v. Howard

Citations

• 105 Cal. 173
• 38 P. 715
• 1894 Cal. LEXIS 1132

Syllabus

<p>Order Granting New Trial—Substantial Conflict of Evidence.—The superior court is authorized to grant a new trial, notwithstanding a sub- • stantial conflict in the evidence, where it is of the opinion that the verdict or decision of the court is against the weight of the evidence.</p> <p>Id.—Discretion.—A wide discretion is accorded to trial courts in the ‘disposition of motions for new trial; and an order granting a new trial for insufficiency of the evidence to support the findings will not be disturbed where the findings are against the weight of the evidence.</p> <p>Vendor and Purchaser—Contract for Sale of Land—Marketable Title—Probate'Proceedings.—Under a contract for the sale of land and the delivery of a good and sufficient conveyance thereof by a grant, bargain, and sale deed from all the owners, a marketable title is shown in the heirs of a deceased person in whom the title was vested in his lifetime, where a settlement of the estate in the probate court and the final decree of distribution in that court have served to release the property from the condition to which the estate of a deceased person was subject.</p> <p>Id.—Source of Title of Heirs.—The title of the heirs of a deceased person to real estate owned by him does not originate in the decree of distribution, but comes to them directly from their ancestor, subject only to the control of the probate court, and the possession of an administrator appointed by that court for the purpose of administration.</p> <p>Id.—Construction of Code—Declarative Provision.—Section 1384 of the Civil Code, as adopted in 1884, is declarative of the law as previously interpreted by this court.</p> <p>Id.—Estates of Deceased Persons—Notice of Hearing of Petition for Administration.—The ten days’ notice required under section 1373 of the Code of Civil Procedure, of the hearing of a petition for letters of administration, is properly given by a posting of notice on the twelfth day of the month, giving notice of a hearin