McCarthy v. Mitchell

54 Cal. App. 2d 173 ·

California Court of Appeal · Filed

Published · citable

Holding

The court held that a sole devisee’s independent action to recover real property sold by an administrator during probate proceedings fails to state a cause of action where the sales were regularly conducted, and further, that such an action is barred by the three-year statute of limitations under Probate Code section 793 and by the equitable doctrine of laches.

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