Coppinger v. Rice

By the Court, Sanderson, J.: Action to recover an undivided half of a certain parcel of land situated in San Mateo County, being part of the Rancho Canada de Raymundo, which was granted to John Coppinger, plaintiff’s father, in 1840, by Juan B. Alvarado, then Governor of California, and confirmed and patented by the United States to the plaintiff and her mother in 1859.

The case shows that John Coppinger, from whom the plaintiff claims as heir, died intestate in February, 1847, leaving him surviving the plaintiff, Manuela and Maria Juana Antonia, who were his only children and heirs at law, and Maria Louisa, his widow. That the plaintiff was born in May, 1847, subsequent to her father’s death. That Maria Juana Antonia died intestate, in February, 1850, at the age of seven years, leaving her mother, Maria Louisa, her heir at law, who subsequently, in September, 1850, intermarried with John Greer. That before the commencement of this action Greer and wife conveyed their interest to one O’Callaghan, who conveyed to one M. T. O’Conner, now deceased, and that the land in question is now in the possession of the defendants as tenants of Maria O’Conner, administratrix of the said M. T. O’Conner.

The answer of the defendants further shows that in December, 1850, the Probate Court- of the County of San Francisco, upon the application of John Greer, undertook the settlément and distribution of the estate of John Coppinger, and appointed Greer administrator and also guardian of the plaintiff. That- in the due course of administration the premises were regularly sold by Greer to O’Callaghan, and subsequently, on confirmation, conveyed by the former as [422]administrator to the latter. The answer also shows that the land was sold by Greer as guardian of the plaintiff to O’Callaghan, by leave of said Court, for the purpose of raising means for the support and education of the plaintiff, and of prosecuting her claim to the Rancho Cañada de Raymundo before the tribunals of the United States Government for confirmation and patent. All of these proceedings are set out at length in the defendants’ answer, and it is claimed that if the title did not pass by reason of the proceedings of the Probate Court in the matter of the administration, yet by reason of the sale having been also made by her guardian for her benefit and the security and confirmation of her estate, she ought to be decreed to hold the legal title for the benefit of the heirs of M. T. O’Conner and compelled to convey it. It was also claimed at the trial on the part of the defendants that O’Conner had obtained title by virtue of a sale of the premises for taxes levied under the Revenue Acts of 1854 and 1857, while he was in the sole and exclusive possession. One Bassett purchased at the tax sale and in due course of law obtained a deed, and afterwards conveyed to one Stott, who afterwards and after the death of O’Conner, conveyed to his widow and administratrix, Maria O’Conner, lessor of the defendants.