Anderson v. Fisk
California Supreme Court Jul 1, 1871 No. No. 2,819Published
Before: Rhodes
Synopsis
Jurisdiction of Probate Court — Reconveyance by Executor of Land held as Security.—A Probate Court has no authority, on the petition of an executor, to order him, on the receipt of money loaned, to reconvey real estate, conveyed to his testator by deed absolute on its face, but intended only as security for the repayment of such money.
By the Court, Rhodes, C. J.: The Court erred in admitting in evidence the record of the Prohate Court in the estate of J. Caleb Smith, deceased. Judgment reversed, and cause remanded for a new trial.
Reither Mr. Justice Crockett nor Mr. Justice Temple participated in the foregoing decision.
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