Claypoole v. Houston
Supreme Court of Kansas
Error from Leavenworth District Court. The action below was brought by Levi Houston as plaintiff, against Marcus-D. Claypoole, Thomas Plowman, and Sarah E. Plowman, and Merrit H. Insley, as administrator of the estate of Jeremiah H. Claypoole, deceased, as defendants, alleging among other matters that Insley, as such administrator, had attempted to execute a certain statutory power, that of making a deed for lands of a decedent, sold, as he claimed, under order of a probate…
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Error from Leavenworth District Court. The action below was brought by Levi Houston as plaintiff, against Marcus-D. Claypoole, Thomas Plowman, and Sarah E. Plowman, and Merrit H. Insley, as administrator of the estate of Jeremiah H. Claypoole, deceased, as defendants, alleging among other matters that Insley, as such administrator, had attempted to execute a certain statutory power, that of making a deed for lands of a decedent, sold, as he claimed, under order of a probate court, but had failed to do so, and wanted the aid of said district court, as a court of chancery, to correct an alleged…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
There are only two questions involved in this case: First, Has the district court jurisdiction to correct and reform an administrator’s deed, which, through a mutual mistake of all the parties, was made to read “ seventy degrees and thirty-nine minutes, (70°, 39’,)” when it was intended and should have read, “seven.degrees and thirty-nine minutes, (7°, 39',)” so as to make said deed conform to the intention, agreement, and understanding of all the parties? Second, Is a service of summons by publication, against a minor over fourteen years…
2Cases cited4 opinions
- Armstrong v. GrantSupreme Court of Kansas · 1871
- Slocum v. SlocumWisconsin Supreme Court · 1863
- Pindar v. BlackNew York Supreme Court · 1849
- Rankin v. AdamsWisconsin Supreme Court · 1864
3Cited by12 opinions
- Beams v. WerthSupreme Court of Kansas · 1968
- Schlatter v. IbarraSupreme Court of Kansas · 1975
- Pierce v. ButtersSupreme Court of Arkansas · 1878
- Cole v. HoeburgSupreme Court of Kansas · 1887
- Nelson v. BeckerSupreme Court of Kansas · 1875
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