Updegraff v. Trask
UPDEGRAFF v. TRASK
- Area
- civil
- Panel
- Joseph G. Baldwin (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Baldwin
Baldwin J. delivered the opinion of the Court.
Cope, J. concurring.
The principal question in this case is, whether the heir can maintain ejectment for realty left by the ancestor, a considerable period elapsing after the. death, and no administration having been taken on the estate and there being no debts.
We think, independent of other qualification than the fact that no administration exists upon the estate, that the heir may maintain this action. He has a right of entry, subject only to the claim of the administrator, when there is one. This follows from his general title cast by the descent, which is only qualified by the particular statutory right given the administrator. (See Beckett v. Selover, 7 Cal. 216; see also Bufford v. Holliman, 10 Texas, 564, where the subject is fully discussed under a not dissimilar statute of that State.)
It is not necessary to notice other points.
Judgment affirmed.
Cited by
- Chapman v. Hollister No. 2,747 · 1871-10-15
- Noe v. Card · 1860-07-01