Burris v. Kennedy

108 Cal. 331 ·

Supreme Court of California · Filed

Published · citable Cited by 3

Holding

The court held that a probate sale of real estate, ordered by a superior court acting under its constitutional jurisdiction, is not void on collateral attack for mere procedural irregularities or defects in the petition for sale, provided the court acquired fundamental jurisdiction over the matter. Furthermore, a sale to an administrator through an intermediary, while a violation of fiduciary duty, is voidable rather than void, and the heir's remedy is rescission rather than a direct attack on the title.

Cited by (3)

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