Bergin v. Haight

Citations

• 99 Cal. 52
• 33 P. 760
• 1893 Cal. LEXIS 615

Syllabus

<p>Estates of Decedents—Fraudulent Purchase by Attorney of Administrator—Conflicting Evidence—Judgment Quieting Title of Heirs.— Where the attorney of an administrator is alleged and found to have employed the proceedings in probate for the purpose of procuring title to himself by collusion with the administrator, who is alleged to have been the passive and willing instrument of the attorney, and with a nominal purchaser at a probate sale through whom the attorney took title, and there appears to be a substantial conflict upon material testimony tending to establish or rebut the charge of fraud, the decision of the court below is conclusive upon appeal, and a judgment treating the sale as annulled for fraud in its procurement, and sustaining an action by the vendee of the heirs to quiet title as against such attorney, must be affirmed.</p> <p>3d.—Voidable Sale.—A mere volunteer who institutes proceedings in probate upon an estate, in which he has no interest, ostensibly to pay its indebtedness, but actually to procure a sale of part of the estate to himself, and directs, controls, and manages the proceedings successfully to that end, has no standing in a court of equity; but such sale is voidable and will be set aside at the instance of any one injured.thereby.</p> <p>Id.—Collateral Attack—Fraud—Extrinsic to Merit—Quieting Title.— A complaint or action by a vendee of the heirs to quiet title as against the procurer of such voidable sale, alleging the fraud committed in its procurement, is not a collateral but a direct attaoK upon the sale, and a judgment for the plaintiff must be sustained where it appears that the fraud alleged and found was extrinsic or collateral to the questions determined in the probate court.</p> <p>Id. —Notice of Fraud—Constructive Notice of Proceedings.—The heirs or their vendee are not chargeable with notice of the alleged fraud where there was nothing upon the face of the proceedings to indicate a fraudulent collusion between the administr