Miller v. Luco

Citations

• 80 Cal. 257
• 22 P. 195
• 1889 Cal. LEXIS 900

Syllabus

<p>Pleading — Demurrer — Legal Capacity to Sue —Special Administrator. —It is not good ground of demurrer that it does not sufficiently appear upon the face of the complaint that the plaintiff has the legal capacity to sue as special administrator. That omission can only be taken advantage of by answer, if the complaint does not show on its face that the special administrator had not the legal capacity to sue.</p> <p>Quieting Title — Parties — Joinder of Administrator, Devisee, and Heirs — Evidence. — In a suit to quiet title to the real property of a deceased testator, the administrator, a living devisee,' and heirs of a deceased devisee may properly unite as .parties .plaintiff. The children of the deceased devisee joined as plaintiffs need not prove that they had succeeded to the devisee’s interest, nor that the devisee did not in her lifetime devise it to strangers, that being matter of defense, if true.</p> <p>Id.—Estate of Decedent — Probate of Will—Pleading.—In a suit to quiet title to the estate of a decedent, the allegation that he left a will which was duly admitted to probate in a specified court having jurisdiction to probate the will is sufficient, without specifying the due execution or proof of the will.</p> <p>Id. — Possession. — It is not necessary in an action to quiet title to prove that the defendants held the possession adversely to the plaintiffs, or that , the plaintiffs were in possession thereof.</p> <p>Id. —Pleading — Description'of Property — Demurrer for Ambiguity. — A description of real estate in a complaint to quiet title which is sufficient for the identification of the property is not subject to a demurrer for ambiguity and uncertainty.</p> <p>Id, — Cross-complaint. — In a suit to quiet title, where defendant relies upon title in himself, a cross-complaint is unnecessary, and may he stricken out.</p> <p>Id. — Evidence—Execution Sale—Judgment against Administrator — Recitals of Sheriff’s Deed. — A sheriff’s deed made in pursuance of a