Zilmer v. Gerichten

Citations

• 111 Cal. 73
• 43 P. 408
• 1896 Cal. LEXIS 547

Syllabus

<p>Ejectment—Evidence—Estates of Deceased Persons—Deed of Administrator—Probate Sale — J urisdiction—Irregularities—Collateral Attack.—In an action of ejectment, evidence of an administrator’s sale and deed to the plaintiff’s grantor from the estate of a deceased person, is improperly excluded, when the record of the proceedings in the prohate court shows that it acquired jurisdiction of the subject-matter of the petition for the order of sale, and of all persons interested therein; and no mere irregularities or errors in the exercise of jurisdiction could invalidate the sale or deed to the extent of making them vulnerable to collateral attack, or inadmissible in evidence as proof of title acquired from the estate of the decedent.</p> <p>Td.—Prior Possession of Plaintiff—Recovery against IntruderNonsuit__When the evidence for the plaintiff in an action of ejectment tends to prove prior actual possession of the demanded premises by the plaintiff, such prior possession is prima facie evidence of plaintiff’s title, as against an intruder, who shows no better right; and it is improper to grant a nonsuit in such case.</p> <p>Id.—Nonsuit—When Improper.—A nonsuit should be denied when there is any evidence tending to sustain plaintiff’s ease, without passing upon the question as to the sufficiency of such evidence.</p>