Coon v. Fry
Michigan Supreme Court
Case made after judgment from Kent Circuit. Ejectment brought by plaintiffs, as heirs-at-law of Philip Coon, deceased. Having shown title in the decedent, and his death, the defendant, to maintain the issue on his part, gave evidence from the probate records of said county, that, o:i July 27th, 1851, after the death of the said Philip Coon, John W. Fish was duly appointed by the Probate Court of of said county, administrator on his estate, and gave bond, and took upon…
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Case made after judgment from Kent Circuit. Ejectment brought by plaintiffs, as heirs-at-law of Philip Coon, deceased. Having shown title in the decedent, and his death, the defendant, to maintain the issue on his part, gave evidence from the probate records of said county, that, o:i July 27th, 1851, after the death of the said Philip Coon, John W. Fish was duly appointed by the Probate Court of of said county, administrator on his estate, and gave bond, and took upon himself that trust: That on January 2d, 1852, on application by the administrator, not under oath, a license was granted by…
1Opinion of the Court
Campbell J.:
Plaintiffs, as heirs-at-law, bring ejectment for lands sold by administrator. They object to the title made under the sale, on the grounds, 1st. That it does not appear from the probate proceedings that ■ any guardian was appointed for the heirs; 2d. That administrator’s application for license to sell was not upon oath; and, 3d. That the report of sale omitted to show the purchase price.
The statute (2 Comp. L. pp. 913, 923), provides what defects shall avoid sales, and what acts shall secure the title to the purchaser. This statute received a construction in Howard v. Moore, 2…
2Cited by11 opinions
- Robbins v. BoulwareSupreme Court of Missouri · 1905
- Mohr v. PorterWisconsin Supreme Court · 1881
- Griffin v. JohnsonMichigan Supreme Court · 1877
- Marvin v. SchillingMichigan Supreme Court · 1864
- Hubermann v. EvansNebraska Supreme Court · 1896
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