Lyons v. State

Belcher, C. C. John Guilford, a resident of Alameda County, died in that county intestate in December, 1876, leaving real and personal property, but no heirs in this State. The public administrator of the county was appointed administrator of the estate and took possession of all its property.

In 1879, the attorney-general in pursuance of the provisions of section 1269 of-the Code of Civil Procedure, filed an information on behalf of the State in the proper District Court, in which he set forth all the facts required by that section and prayed for a judgment of the court that the State be seized of the property of the estate.

Summons was issued on the information and served on the administrator of the estate and the county treasurer of Alameda County, and an order was made and published as required by law.

The administrator and county treasurer appeared and filed answers admitting all the allegations of the information to be true. Ho one else appeared, and thereupon judgment was rendered that the State be seized of the lands and tenements in the information claimed. This proceeding was commenced in the Superior Court of Sacramento County, under the provisions of section 1272 of the Code of Civil Procedure. In their petition the petitioners described themselves as all residents of the county [382]of Dublin, Ireland, and allege that they are the heirs at law, and only heirs of John Guilford, deceased, and that they had no notice, actual or constructive, of the proceedings under the information. The petition was signed by the petitioners by their attorney in fact and attorney at law, and was served on the attorney-general, who appeared and answered thereto by a general denial. The case was tried by the court, and judgment rendered in favor of the petitioners. From that judgment this appeal is taken.

It is now claimed on behalf of the State that the judgment was wrong and should be reversed because the petitioners were residents of Ireland, and therefore were not permitted under our Constitution and laws to take property by succession. Section 671 of the Civil Code provides that “any person, whether citizen . or alien, may take, hold, and dispose of property, real or personal, within this State,” but it is insisted that the petitioners were neither citizens nor aliens, and therefore not within its provisions. The word “alien,” it is said, means a person who was born in another country and has come to this country, and is here residing either permanently or temporarily; in the one case being a resident alien, and in the other a non-resident alien.