McKeeby v. City of Los Angeles

Citations

• 125 Cal. 639
• 58 P. 263
• 1899 Cal. LEXIS 919

Syllabus

<p>Opening of Street—Award of Damages to Estate of Decedent —Void Deed of Administrator.—Upon the opening of a street by a city, and the award of damages therefor to the estate of a deceased person, a deed to the city by the administrator of the land of the estate taken by the city for the street, executed without an order of court authorizing it, is void.</p> <p>Id.—Use of Damages for Benefit of Estate—Consent of Heib— Action by Grantee.—Where the damages awarded to the estate were paid to the administrator and used for the benefit of the estate, which was settled with the full consent of the sole heir, after knowledge of all the. facts, his grantee, with like knowledge, cannot maintain an action to recover the damages a second time from the city.</p> <p>Id.—Action for Damages—Title not Involved.—In an action by the grantee of an heir to recover damages for the taking of land of the estate by the city, under a void deed of the administrator, the title to the land, or the right of the city to retain possession of it as against the heir, is not involved.</p> <p>Id.—Possession and Payment by City under Mistake of Law-Trespass—Duty of Administrator to Collect Damages.— The taking of possession of the street by the city and the payment of the damages, under a mistake of law as to the unauthorized deed of the administrator, has no other effect upon the claim for damages than if the city had taken possession by trespass, without the knowledge or consent of the administrator; and the claim for damages being an asset of the estate, it was the duty of the administrator to collect the damages for its benefit.</p> <p>Id.—Statutes as to Sales of Land Inapplicable.—The statutes relating to sales of land by an administrator, compliance with which is essential to a valid sale, have no application to claims for damages accruing to the estate by reason of acts of trespass upon the land.</p> <p>Id.—Effect of Distribution to Heir.—The heir having consented to the settlement of the est