McCauley v. Harvey

Citations

• 49 Cal. 497

Syllabus

<p>Administration on an Estate.—If an administrator of an estate is appointed and qualifies, and afterwards, without his removal (a will having been found), another person is appointed administrator with the will annexed, and qualifies, the latter appointment supersedes the former administration, and the acts of the administrator with the will annexed are valid.</p> <p>Objections to the Validity op Pbobate Sale op Land.— If the Probate Court acquires jurisdiction to direct a sale of the real estate left by the deceased, and the same is sold by the administrator with' the will annexed, and a deed given to the purchaser, objections, that the claim to pay which the sale was made was not a debt for which the land stood charged under the will, and that it was not presented to the administrator for allowance, should be taken in the Probate Court, or by appeal, and cannot be raised in a collateral action to partition the land.</p> <p>Conflict between Sale by Heirs and by Probate Court.—If the grantee of a Mexican grant petitioned for its confirmation, and died during the pendency of the proceedings, and his children were substituted in his place, and the confirmation was made, and the patent issued to them, as his heirs, a sale of the land made under the direction of the Probate Court before the patent issues, will confer on the purchaser a better right than the heirs possess, and a Court of equity will inforce such right against the heirs, or a purchaser from them.</p> <p>Limitation of Actions as between Tenants in Common.—If the possession of one, as a tenant in common, is not disturbed by his co-tenants, and there have been no acts of exclusion equivalent to an ouster by his co-tenants, they cannot claim the benefit of the Statute of Limitations as against his right or title.</p>