Meeks v. Hahn

Citations

• 20 Cal. 620
• 1862 Cal. LEXIS 85

Syllabus

<p>Where a party desires to avail himself of the statute, which provides that no action for the recovery of any estate, sold by an Executor or Administrator, shall be maintained by any heir or other person claiming under the deceased testator or intestate, unless it be commenced within three years next after the sale, he must plead it. The objection that the action is barred cannot be taken to the admissibility of evidence, when the statute has not been pleaded.</p> <p>An action of ejectment for property of which an intestate died seized cannot be maintained, under the statute of this State, by the heirs of the deceased; until the administration of his estate has been settled, or the property has been distributed to the heirs by a decree of the Probate Court.</p> <p>Under the statute, the right to the possession of the real property of an intestate remains exclusively with the Administrator, until such settlement or distribution.</p>