Opinion
Rehearing Denied May 11, 1932.
Hearing Granted by Supreme Court June 9, 1932.
Appeal from Superior Court, Los Angeles County; Stephen G. Long, Judge.
Action by J. M. Kingsbury against Estelle M. Ross. From a judgment for defendant, plaintiff appeals.
Affirmed.
COUNSEL
W. S. Allen and Lawrence W. Allen, both of Los Angeles, for appellant.
Charles S. Darden, of Los Angeles, for respondent.
OPINION
CRAIG, Acting P. J.
The plaintiff and appellant instituted an action, founded upon an assertion of title to certain real property, demanding the rents, issues, and profits derived therefrom and collected by the administrator of the estate of a deceased person. He appealed from a judgment rendered in favor of the defendant.
The undisputed evidence upon which judgment was rendered below showed that a deed purporting to convey title to said property had previously been set aside, that the administrator had rendered an account, and that the final decree of distribution to respondent had been entered. The decree is not subject to collateral attack, and upon that ground alone the respondent must prevail. In re Estate of Schmierer, 168 Cal. 747, 145 P. 99.
The judgment is affirmed.
We concur: IRA F. THOMPSON, J.; FRICKE, Justice pro tem.