Hortman v. Vissage

Grice, Justice.

1. When an administrator sues for land, he makes out a prima facie case for its recovery upon proof that his intestate died seized thereof, and that the estate owes debts, which makes it necessary for the personal representative to administer the land for the payment thereof, the administrator having obtained leave to sell the same.

2. Such prima facie case, the suit being against the heirs at law of a deceased son of the intestate, is not overcome by evidence that the deceased son had made declarations that in his lifetime there had been between the heirs a division in kind of…