Richardson v. Loupe

Citations

• 80 Cal. 490
• 22 P. 227
• 1889 Cal. LEXIS 943

Syllabus

<p>Partition — Tenancy in Common with Estate oe Decedent—Jurisdiction oe Probate and District Courts. — The probate court never had jurisdiction to make partition of real estate except in the course of the settlement of the estates of deceased persons, and for the purpose of distribution to the heirs or devisees of such estates; and never had jurisdiction over the interest of any persons who might be tenants in common with the estate or its distributees, and who did not deraign their title through the estate. The district court only had jurisdiction to make partition in such case, and under section 760 of the Code of Civil Procedure might ascertain and determine the interests of the original co-tenants and make partition between them, and might allow the heirs of the decedent, at their request, to remain tenants in common of the portion allotted to his estate, subject to administration and final distribution thereof.</p> <p>Id. —Pleading. — A complaint in partition which sets forth every particular required by the chapter on partitions, and sets out, not only the interests of the original co-tenants, but also the interests of the respective heirs of a deceased co-tenant, is sufficient to give the„ court jurisdiction to make partition.</p> <p>Id. — Parties— Purchasers in Severalty. — Persons who have purchased lots or blocks in severalty from all the co-tenants, and whose properties are not included in the land to be partitioned, are neither necessary nor proper parties to the partition suit.</p> <p>Id,—Service of Summons upon Minors — Return.—A return of personal service of summons upon minor defendants under fourteen years of age, showing also personal service of summons upon their guardian, discloses sufficient service upon the minors.</p> <p>Id.—Infants — Appearance by Guardian.—The appearance of a general guardian for infant defendants is sufficient to give the court jurisdiction of their persons in an action of partition.</p> <p>Id, — Setting Apart Estate of De