Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-03-27
iATO'S LOSS.
A PECULIAR FLAW WHICH UPSET A
CIVIL SUIT.
Old Alcaide Records Produced in Court :
Property that Was Transferred
to Dead Man.

A very interesting case came to yerv
abrupt conclusion in Superior Judge Van
Fleets Court yesterday.
Five years ago ]. O'Kane bought tax
title to valuable piece of land known as
lot 4, in the block bounded BY Front and
Second, o and P streets, and Immediately
took possession of it.
Eli Mayo claimed the property, exhib.
tied what was apparently good deed. and.
as . Kane refused to vacate he commenced
suit against him to quiet title and for nos.
session of the property. The case dragged
along in Court for some time, and on YES.
terday 1t was intended that another INSTALL
ment should be heard. Mayo's attorney,
w. A. Anderson, produced records which
showed that very early in 1850 the lot was
held by Priest, Lee & Co., bankers. On
April 10th of that year the bankers con-
veyed the property to one William Paty.
Patty died, and his brother applied for and
received letters of administration on the
estate The estate, however, was not SET
tied up and distributed until 1858. In that
year all of the deceased's property was or.
dered sold; including the piece now occu.
pied by O'Kane. Attorney Anderson then
went on to show by the records that the
property passed through the hands of
ABOUT dozen persons, eliminating in the
possession OF Mayo with good, clear title
The plaintiff rested after making This
apparently conclusive showing.
Judge Catlin, O'Kanes attorney. then
arose quietly, and made few remarks
which threw CONSERVATION into the ranks
of the other side. He picked up the same
old Alcalde records which attorney Ander-
son had been reading from, ana reminded
the Court Of what Mr.. Anderson had re-
ferred to, viz, that Priest, Lee & Co. had
conveyed the property to Patty on April 10,
1900. Then, referring to the records again.
Judge Catin pointed out to the Court that
Patty had died on February IA. 1856
nearly two months before the transfer was
made. 1t showed also that even the letters
OF administration on the estate were issued
before the transfer was made. This wss
indeed serious. Judge Catlin quietly called
the Courts attention to the fact that the
law was very plain on such subiects-that
property could not be transferred to dead
men-and he therefore asked for Judgment
in favor of his client
The plaintiff and his attorney examined
the records closely. but there it was in
black and white, and beyond denial.
AHS Judgment
favor of 0'Kane.
By this judgment Mayo now loses all
claim on the property, by the operation of
the statute of limitations The suit was
commenced inside of the limit, but the
time had expired before yesterday, thus
barring future action 10 the matter on
Mayo part, O'Kane being in possession of
the property.
The novel feature of the case is that.
though this property has been involved in
litigation several times in the past forty
years, fhis little point, which would have
proved Knockout blow to any suit, was
never discovered. How the banking firm
happened to transfer the property to Patty,
after the latter was dead, can only be con.
jectured. The attorneys believe that it
was done in the carrying out of some con-
tract between Patty and the bankers, and
that the latter executed it in his name, be-
heving that he was still alive.
The property involved is very valuable,
and Mayo is consequently heavy loser.