Legal Opinion

Stronach v. Stronach

Wisconsin Supreme Court

Decided June 15, 1865PublishedCited by 4 opinions

APPEAL from tbe Circuit Court for Milwaulcee County. This action was brought by James, John and Isabella Stronach, infant children of James Stronach, deceased, by their guardian ad litem, against Lester Sexton and Adam Stronach. The facts alleged in the complaint are in substance as follows: James Stronach died in 1858, in Michigan, leaving the plaintiffs his sole surviving children and heirs-at-law.

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APPEAL from tbe Circuit Court for Milwaulcee County. This action was brought by James, John and Isabella Stronach, infant children of James Stronach, deceased, by their guardian ad litem, against Lester Sexton and Adam Stronach. The facts alleged in the complaint are in substance as follows: James Stronach died in 1858, in Michigan, leaving the plaintiffs his sole surviving children and heirs-at-law. Soon afterwards, Adam Sti’onach was appointed administrator of the estate of said James, then situated in this state, by the probate court of Milwaukee county, gave bond, entered upon the…

1Opinion of the CourtDowner, J.

Is this action rightly brought by tbe respondents as heirs of James Stronach, deceased? Tbe complaint alleges, in substance, a devastavit on tbe part of tbe administra-trator, and that Sexton was a party thereto, knowing, at tbe time be received tbe property bom tbe administrator, tbat tbe latter made tbe transfer fraudulently, or in violation of bis duties as administrator. Generally speaking, whenever an administrator sells, mortgages or pledges any of tbe personal property of which tbe intestate died seized or possessed, in payment of or as security for bis own individual debt, be is…

2Cases cited2 opinions

  1. Young v. KimballIndiana Supreme Court · 1846
  2. Hagthorp v. NealeCourt of Appeals of Maryland · 1834

3Cited by4 opinions

  1. Estate of LeavensWisconsin Supreme Court · 1886
  2. Adams v. SmithNevada Supreme Court · 1886
  3. McCarn v. International & Great Northern Railway Co.Texas Supreme Court · 1892
  4. Golder v. LittlejohnWisconsin Supreme Court · 1868

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