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)
- FRANK FAIAS, as Guardian, etc., Petitioner, v. SUPERIOR COURT OF ALAMEDA COUNTY, Respondent (1933) 133 Cal. App. 525
- GLADYS TORREGANO STEVENS, Appellant, v. ALFRED TORREGANO, Respondent (1961) 192 Cal. App. 2d 105
- WILSON FREEMAN, Plaintiff, Cross-defendant and Appellant, v. HOWARD McCLUNG, as Administrator, etc., et al., Defendants, Cross-complainants and Respondents; MARIE PAPPAS et al., Defendants and Respondents; MAY L. FREEMAN, Cross-defendant and Appellant (1963) 217 Cal. App. 2d 31