Clouser v. Ruckman

The appellee is a party to this action in a dual capacity, namely, in his own right and as the administrator of the estate of his deceased brother, James W. Ruck-man. It appears from* that part of the evidence which is incorporated in the record, that the deceased, in his lifetime, had executed to the appellee a mortgage upon personal property, and that after his death the appellee applied to the court for an order to turn the property over to him, and that this order was granted. The appellant, Clouser, brought this action to set aside this order and to obtain a judgment directing that the…