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Meeks v. Olpherts U.S. 564 (1880)

handle is hein.slavery/ussccases0429 and id is 1 raw text is: MEEKS V. OLPHERTS. MEEKS V. OLPHERTS. 1. The statute of California which provides that no action for the recovery of real estate sold by order of a probate court shall be maintained by any heir or other person claiming under the intestate, unless brought within three years after such sale, applies to the administrator who made the sale as well as to the heirs. 2. When by lapse of time the action is barred against him, it is also barred against them, because the right of possession is, by the law of California, in him, and he represents their interests. ERROR to the Circuit Court of the United States for the Distrit of California. The facts are stated in the opinion of the court. Mr. IMontgomery Blair for the plaintiff in error. Mr. S. H. Wilson, contra. MR. JUSTICE MILLER delivered the opinion of the court. This action was brought, Sept. 80, 1872, by Meeks against Olpherts and others to recover possession of a hundred-vara lot in the city of San Francisco. On a stipulation waiving a jury, the case was submitted to the court, which, on its findings of fact incorporated in this record, further found as a conclusion of law that the plaintiff's action was barred by sect. 190 of the Probate Act of California. Judgment was rendered for the defendants. Meeks sued out this writ of error. The material facts in the case are few and easily under- stood. George Harlan died intestate July 8, 1850, seised of the title to the lot in question, except as that title may have been nom- inally in the United States. By the act of Congress of 1864 his title was confirmed, and it inured to the benefit of any one rightfully holding under him. On the 19th of August, 1850, Henry 0. Smith was duly appointed administrator of Harlan's estate, and having after- wards resigned, Benjamin Aspinall was appointed in his place, June 15, 1855. On the seventh day of January, 1856, Aspinall, by an order [Sup. Ct.

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