Wood v. Roach
125 Cal. App. 631 ·
California Court of Appeal · Filed
Published · citable
Cited by 3
Holding
The court held that an order of the superior court confirming the sale of a decedent's real property is not void for lack of jurisdiction merely because the executor's return of sale and the court's subsequent confirmation order fail to recite the specific statutory grounds for the sale, as such a defect constitutes an error in the exercise of jurisdiction, not a jurisdictional voidance, making the order immune to collateral attack.
Statutes construed
- CCP § 1536
- CCP § 1537
- CCP § 1552
- CCP § 1554
- CCP § 1556
- CCP § 963
Cited by (3)
- Estate of ANTHONY EUGENE SAMPO, Deceased. GEORGIA LUE SAMPO, as Co-executor, etc., et al., Petitioners and Respondents, v. FRANKFURT GROUP, U.S.A. et al., Objectors and Appellants (1985) 171 Cal. App. 3d 767
- GLADYS TORREGANO STEVENS, Appellant, v. ALFRED TORREGANO, Respondent (1961) 192 Cal. App. 2d 105
- Estate of CHARLES GREER, Deceased; FRANK ABERLE, as Special Administrator, etc., Petitioner and Respondent, v. BEN SCHAFFER et al., Objectors and Appellants (1968) 261 Cal. App. 2d 827