Legal Opinion

Anson v. Stein

Supreme Court of Iowa

Decided June 10, 1858PublishedCited by 7 opinions

Appeal from the Muscatine District Court. This was an action to recover the possession of certain real estate, in the city of Muscatine.

Read the full summary

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

  1. Williams v. GleasonSupreme Court of Iowa · 1857

3Cited by7 opinions

  1. Gorham v. SettegastCourt of Appeals of Texas · 1906
  2. Wehrman v. Farmers & Merchants Savings BankSupreme Court of Iowa · 1935
  3. In Re Estate of EvansSupreme Court of Iowa · 1940
  4. Kellogg v. Southwestern Lumber Co. of New JerseyCourt of Appeals of Texas · 1931
  5. Steddum v. Kirby Lumber Co.Court of Appeals of Texas · 1912

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API