Edward Quigley Caughey v. Alexander Lyall
Citation | 56 L.Ed. 883,32 S.Ct. 602,224 U.S. 558 |
Decision Date | 13 May 1912 |
Docket Number | No. 228,228 |
Parties | EDWARD QUIGLEY McCAUGHEY and George Joseph McCaughey, Minors, by Their Guardian, Susan McCaughey, et al., Plffs. in Err., v. ALEXANDER LYALL, H. J. Finger, Mae Morton, et al |
Court | United States Supreme Court |
Messrs. Cyrus F. McNutt and William G. Griffith for plaintiffs in error.
[Argument of Counsel from pages 559-561 intentionally omitted] Mr. Alexander Lyall, in propria persona, for defendants in error.
This writ of error is directed to a judgment of the supreme court of the state of California, sustaining the title of defendants in error to certain lands in that state, derived through a sheriff's sale of the same upon suit for foreclosure of a mortgage. The suit was instituted and prosecuted against the administratrix of the estate of the father of plaintiffs in error, they not having been made parties nor given notice of the pendency of the suit.
The facts, as stated in the opinion of the court, are as follows:
The judgment was affirmed by department 2 of the supreme court, and a petition for rehearing in bank was denied. Thereupon the chief justice of the court granted this writ of error.
The contention of plaintiffs in error is that the law cast upon them the title to the land upon the death of their intestate ancestor, and that such title could not be devested in a suit in which they were not parties.
To sustain the contention, plaintiffs in error make, as we shall see, one part of the law of the state paramount to another part, certain decisions of the courts of the state paramount to other decisions, putting out of view that necessarily the co-ordination of the laws of the state and the accommodation of the decisions of its courts is the function and province of the tribunals of the state, legislative and judicial, respectively.
For their rights of property plaintiffs...
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