McCarthy v. Mitchell
54 Cal. App. 2d 173 ·
California Court of Appeal · Filed
Published · citable
Holding
The court held that a sole deviseeās 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.