Broad v. Murray

California Supreme Court
Broad v. Murray, 44 Cal. 228 (Cal. 1872)
1872 Cal. LEXIS 185
Niles

Broad v. Murray

Opinion of the Court

By the Court, Niles, J.:

We cannot disregard the findings of the Court, upon the ground that they were filed subsequent to the entry of the judgment. It has been held that the Practice Act is merely directory, as to the time of filing the findings, and as to the order of filing in relation to the entry of the judgment. (Vermule v. Shaw, 4 Cal. 216; Polhemus v. Carpenter, 42 Cal. 375.)

It is evident that the principles announced by this Court in Broad v. Broad, 40 Cal. 493, are decisive of this case. Charles Broad was a tenant in common with the plaintiff's of the land in controversy at the date of his conveyance to William Martin. The plaintiffs have never parted with their *230title, and have still an interest in the land which entitles them to some measure of relief. The findings were based upon the theory of an entire want of title in the plaintiffs, and do not sufficiently inform us of the relative rights of the parties to enable us to direct the manner of partition.

Judgment reversed, and cause remanded for a new trial.

Reference

Full Case Name
CHARLES E. BROAD and LILY ANN BROAD, by Charles E. Broad, her Guardian ad litem v. WILLIAM MURRAY, DANIEL KEHLER, SAMUEL LIGHT, CHARLES BROAD, THE HIBERNIA SAVINGS AND LOAN SOCIETY, and THE OCCIDENTAL INSURANCE COMPANY
Cited By
14 cases
Status
Published
Syllabus
Time oe Filing Findings.—The Practice Act is merely directory as to the time of filing the findings of the Court and as to the order of filing in relation to the entry of judgment. Community Property—Tenancy in Common.—Upon the dissolution of the community by the death of the wife, one half of the common property vests in the surviving children of the deceased wife.