Bennallack v. Richards

Citations

• 125 Cal. 427
• 58 P. 65
• 1899 Cal. LEXIS 877

Syllabus

<p>Estates of Deceased Persons—Sale under Will—Quieting Title —Cross-complaint—Accounting—Receives.—In an action to quiet title against the executors and heirs of a deceased person, brought by a successor in interest of a purchaser who received possession under a sale of real estate and deed thereof made by the executors, pursuant to a power in the will to sell and convey without any order of court, the executors cannot, while their disputed title and right of possession are undetermined, maintain a cross-complaint in equity against the plaintiff and the purchaser, for an accounting of the rents and profits, and for the appointment of a receiver.</p> <p>Id—Validity of Sale—Duty of Executors to Report fob Confirmation.—The executors having made a valid contract of sale under the will, so far as they were able to bind themselves, were in duty bound to report it to the court for confirmation, which may be done at any time after the sale; and they cannot attack the validity of the sale, unless, after report thereof, the court refuses to confirm it.</p> <p>Id.—Estoppel of Executors.—The executors, having placed the purchaser in possession under the sale and deed made by them, and permitted him to make large improvements thereon, cannot, while refusing to report the sale to the court for confirmation, invoke the aid of a court of equity to compel an accounting of rents and profits or to place the property in the hands of a receiver.</p>