Coyle v. Lamb

Citations

• 123 Cal. 264
• 55 P. 901
• 1899 Cal. LEXIS 1055

Syllabus

<p>Estates op Deceased Persons—Accounting Between Estates—Expiration op Lease—Laches.—An action by the administratrix of the estate of one deceased person against the executors of the will of another, to enforce an accounting of rents and profits alleged to have been collected by the latter decedent from a leasehold interest in his lands turned over to him by the former, the lease of which had expired nearly eight years prior 1» the death of the latter, and more than nine years prior to the commencement of the action, is barred by laches.</p> <p>Appeal—Error against Respondent.—Error committed against the respondent cannot be reviewed or considered upon an appeal.</p> <p>Id.—Findings and Omissions Rendered Immaterial—Laches op Appellant.—Findings against evidence, and omissions to find upon issues tendered, may be rendered immaterial and not ground for reversal upon appeal by a plaintiff, by a finding that the claim of the plaintiff is barred by laches, where such finding is sustained by the record.</p>