McCaughey v. Lyall - 224 U.S. 558 (1912)


U.S. Supreme Court

McCaughey v. Lyall, 224 U.S. 558 (1912)

McCaughey v. Lyall

No. 228

Submitted April 19, 1912

Decided May 13, 1912

224 U.S. 558

Syllabus

Section 1582 of the Code of Civil Procedure of California, as construed by the supreme court of that state, is not unconstitutional as denying due process of law to an heir of a mortgagor because it permits foreclosure against the administrator without making the heir a party to the suit.

The legislative power of the state is the source of the rights in real estate and remedies in regard thereto.

Page 224 U. S. 559

The highest court of the state can construe the laws of that state so as to make of them a consistent system of jurisprudence accommodating the rights and the remedies dealt with by the legislature.

152 Cal. 615, affirmed.

The facts, which involve the constitutionality under the due process clause of the Constitution of a statute of California, are stated in the opinion.

Page 224 U. S. 561



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