Lappin v. Mumford
Supreme Court of Kansas
Error from, Nemaha District Oowrt. In November 1858 Mumford made a contract with James R. Herd, then a land-agent at Kickapoo, to locate a certain land-certificate held by Mumford on government lands situate in the' Kickapoo land-district, for which services Herd was to receive five cents an acre, to be paid in lands selected at the price of one dollar an acre. Herd located 16,760 acres? for which (under said contract) he was entitled to receive 838 acres of land.
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Error from, Nemaha District Oowrt. In November 1858 Mumford made a contract with James R. Herd, then a land-agent at Kickapoo, to locate a certain land-certificate held by Mumford on government lands situate in the' Kickapoo land-district, for which services Herd was to receive five cents an acre, to be paid in lands selected at the price of one dollar an acre. Herd located 16,760 acres? for which (under said contract) he was entitled to receive 838 acres of land. Herd died in 1860. Said claim for 838 acres of land, or its value, remained unpaid. In October 1870 the probate court of…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
1. sale Dyaadebt or claim, *162. “Personal ciules notes11' claims,etc. 3. Power of sale, No statutory restriction. 4. Order of probate court.a *175. Appraised value; sale ect. 6. Presumption; wittipiawlce *15The question in- this case was raised on demurrer, and the substantial facts are these: One James R. Herd had in his lifetime a claim against the defendant for services' performed in the location of a land-certificate. After his death, the claim not having been paid, the administrator de bonis non of his estate, by order of the probate court, sold…
2Cases cited4 opinions
- Hamrick v. CravenIndiana Supreme Court · 1872
- Thomas v. ReisterIndiana Supreme Court · 1852
- Anderson v. GreggMississippi Supreme Court · 1870
- Booyer v. HodgesMississippi Supreme Court · 1871
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