Rohrbaugh v. Hamblin
Supreme Court of Kansas
Error from the Gowrt of Appeals, Southern Department. The original action was commenced in the District Court of Franklin County by Rohrbaugh to recover damages for a breach of the covenant of warranty contained in a deed of real estate executed by George W. Hamblin and wife December 13, 1879. George W. Hamblin died testate leaving all his property to the defendants as his legatees.
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Error from the Gowrt of Appeals, Southern Department. The original action was commenced in the District Court of Franklin County by Rohrbaugh to recover damages for a breach of the covenant of warranty contained in a deed of real estate executed by George W. Hamblin and wife December 13, 1879. George W. Hamblin died testate leaving all his property to the defendants as his legatees. The covenant of warranty reads as follows : “And the said George W. Hamblin does hereby covenant and agree that ... he will warrant and defend the same in the quiet and peaceable possession of the said party of…
1Opinion of the CourtMartin, C. J.
I. The Court of Appeals in effect held that the remedy provided by sections 171 and 172 of the Executors and Administrators Act (¶ ¶ 2957, 2958, Gen. Stat. 1889), relating to the refunding of legacies and distributions, is exclusive, and that no action having this purpose in view can be maintained in the District Court. Referring to those sections as affording a remedy, the Court says :
“We apprehend that if a proper showing had been made in this case it would have been the duty of the •Court to appoint an executor or administrator de bonis non, and he, under the direction of the Court, would…
2Cases cited2 opinions
- Shoemaker v. BrownSupreme Court of Kansas · 1872
- Fox v. Van NormanSupreme Court of Kansas · 1873
3Cited by12 opinions
- City of Springfield v. ClementMissouri Court of Appeals · 1920
- Douglass v. LoftusSupreme Court of Kansas · 1911
- Chitty v. GillettSupreme Court of Oklahoma · 1915
- Hagan v. LantrySupreme Court of Missouri · 1935
- McClure v. DeeSupreme Court of Iowa · 1902
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