Graybiel v. Burke
124 Cal. App. 2d 255 ·
California Court of Appeal · Filed
Published · citable
Cited by 2
Holding
The court held that the action for ejectment and to enjoin waste, brought by a special administrator on behalf of an estate, was not barred by the five-year statutes of limitation for real property claims because the administrator’s right to possession relates back to the date of the decedent’s death and is predicated on the uninterrupted title held by the decedent’s heirs.
Statutes construed
- CCP § 321
- CCP § 732
- PROB § 300
Cited by (2)
- RICHARD W. GRAHAM, as Administrator with the Will Annexed, etc., Plaintiff and Appellant, v. BANK OF CALIFORNIA NATIONAL ASSOCIATION, Individually and as Trustee, etc., Defendant and Respondent; SHRINERS HOSPITALS FOR CRIPPLED CHILDREN, Intervener and Respondent (1961) 197 Cal. App. 2d 438
- MICHAEL E. PARKER et al., Plaintiffs and Appellants, v. FRED WALKER, Defendant and Respondent (1992) 5 Cal. App. 4th 1173