Reports of Cases Determined in the District Courts of Appeal of ..., volume 19

Cover Reports of Cases Determined in the District Courts of Appeal of ..., volume 19
Reports of Cases Determined in the District Courts of Appeal of ..., volume 19
Bancroft-Whitney Company
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122], which relates to the proving of a will "destroyed by public calamity" and refers to the same cause which gave rise to the McEnerney act: ''It is remedial in its nature, and is designed to preserve the testamentary right. . . . Such laws should be given & liberal construction to promote the purposes for which they are designed." Appellant cites with confidence Potrero Nuevo Land Co. t. All Persons, 158 Cal.
731, [112 Pac. 303]. That case was decidea cr « motion tn dismiss for insufficiency
... of the affidavit which merely staitv., IS to the source of title: ''That said title to said property Digitized by VjOOQIC 192 Hynes V. All Persons, ETC. [19 Cal. A pp.
was sold and conveyed by the state of California to one John Bensley in 1855, and by him, through divers mesne convey- ances, conveyed to said plaintiff, who is now the owner and holder thereof, and has been for the last ten years." Refer- ring to the statute, the court, by Mr. Justice Henshaw, said : **A requirement of a full and explicit showing of the period during which a plaintiflE has enjoyed this estate and a full and explicit showing of the person or persons from whom obtained is not met by the affidavit here presented.


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