Anson v. Stein
Supreme Court of Iowa
Appeal from the Muscatine District Court. This was an action to recover the possession of certain real estate, in the city of Muscatine.
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Appeal from the Muscatine District Court. This was an action to recover the possession of certain real estate, in the city of Muscatine. The property was purchased of the United States by Niles Higginbotham, who, in the month of August, 1839, conveyed the same to Alexis Smith; in September, 1852, Daniel Smith, representing himself in the deed to be the father and sole heir of Alexis Smith, then deceased, conveyed the premises to Suel Foster, who in August, 1851, conveyed the same to the plaintiff. To establish the fact of the death of Alexis Smith, and that Daniel Smith was his father, and…
1Opinion of the CourtStockton, J.
— The grant of letters of administration is, in general, prima facie evidence of the intestate’s death; for only on evidence of that fact, ought they to have been granted. 1 Greenl. Ev., sec. 550; 2 Ib., sec. 355. So, where the grant of administration turns on the question of which of the parties was next of kin, the sentence, or decree, of the surrogate’s court on that question, is conclusive every where, in a suit between the parties for distribution. But no collateral fact, to be collected merely by inference from the decree or grant of administration, and which was not the point directly…
2Cases cited1 opinion
- Williams v. GleasonSupreme Court of Iowa · 1857
3Cited by7 opinions
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- In Re Estate of EvansSupreme Court of Iowa · 1940
- Kellogg v. Southwestern Lumber Co. of New JerseyCourt of Appeals of Texas · 1931
- Steddum v. Kirby Lumber Co.Court of Appeals of Texas · 1912
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