Colburn v. Latham
South Dakota Supreme Court
Appeal from Circuit Court, Faulk County. Hon. J. H. Bottum, Judge. Action by G. Clement Colburn, administrator of George D. Colburn, deceased, against D. H. Latham and another, to quiet title. From a judgment for defendant, plaintiff appeals. Plaintiff had a right to maintain this action in his representative capacity under his appointment as administrator of the estate of George D. Colburn by the New Hampshire courts.
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Appeal from Circuit Court, Faulk County. Hon. J. H. Bottum, Judge. Action by G. Clement Colburn, administrator of George D. Colburn, deceased, against D. H. Latham and another, to quiet title. From a judgment for defendant, plaintiff appeals. Plaintiff had a right to maintain this action in his representative capacity under his appointment as administrator of the estate of George D. Colburn by the New Hampshire courts. Section 253, Probate Code; Germantown Trust Co. v. Whitney, (S. D.) 102 N. W. 304. Section 253, Probate Code, should be read in -connection with section 242, Pro-bate Code.…
1Opinion of the CourtPolley, J.
The plaintiff, who had been appointed administrator of the estate of a deceased person by a probate court, in the state of New Hampshire, brings this action on behalf of the estate, for the purpose of quieting the title to a quarter 'section of land in Eaulk county. The case was tried to the court, where findings of fact and conclusions of law were made. Decree was entered dismissing the action, at plaintiff’s cost, for the reason, as stated in the decree, that the plaintiff, “being only a foreign administrator, * * * has no cause of action for, and has no estate or interest in or title to,…
2Cases cited4 opinions
- Johnson v. PowersSupreme Court of the United States · 1891
- Blakemore v. RobertsNorth Dakota Supreme Court · 1903
- Berry v. HowardSouth Dakota Supreme Court · 1910
- Germantown Trust Co. v. WhitneySouth Dakota Supreme Court · 1905
3Cited by2 opinions
- Security-First Nat. Bank v. KingWyoming Supreme Court · 1933
- Koch v. Chicago Natl. Life InsuranceSouth Dakota Supreme Court · 1932