Black v. Elliott
Supreme Court of Kansas
Error from Miami district court; John T. Burris, judge. STATEMENT. One G. E. DeForrest died the owner of 200 acres of land in Miami county, Kansas, leaving a widow and five children. Subsequently the widow died and her interest in the land passed to the children. At the time of his death G. E. DeForrest was indebted to the plaintiff in error on a note for money borrowed. from her.
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Error from Miami district court; John T. Burris, judge. STATEMENT. One G. E. DeForrest died the owner of 200 acres of land in Miami county, Kansas, leaving a widow and five children. Subsequently the widow died and her interest in the land passed to the children. At the time of his death G. E. DeForrest was indebted to the plaintiff in error on a note for money borrowed. from her. This note was signed not only by the father but by a son, Dewitt, one of the defendants in error. There was a small amount of personal property left belonging to the estate of G. E. DeForrest. Letters of…
1Opinion of the Court
The opinion of the court was delivered by
Cunningham, J.:
The contention of the plaintiff in error raises two questions, as follows: (1) Did the *214statute of limitations run upon the claim of Mrs. Black as against the estate of G. E. DeForrest during the time that there was no administrator? (2) If it did, might the mortgagee, John Elliott, or the heirs of G. E. DeForrest, attack the allowance thereof by the probate court in favor of the plaintiff in error, in this collateral proceeding?
The first question we must answer in the affirmative, on the authority of Bauserman v. Charlott, 46 Kan. 480,…
2Cases cited5 opinions
- Bauserman v. CharlottSupreme Court of Kansas · 1891
- Saddler's Adm'r v. Kennedy's Adm'rWest Virginia Supreme Court · 1885
- Long v. . LongNew York Court of Appeals · 1894
- Jackson v. WeaverIndiana Supreme Court · 1884
- O'Flynn v. . PowersNew York Court of Appeals · 1893
3Cited by14 opinions
- O'Keefe v. BehrensSupreme Court of Kansas · 1906
- West v. Topeka Savings BankSupreme Court of Kansas · 1903
- Peterson v. PetersonSupreme Court of Kansas · 1952
- Thomas v. HughSupreme Court of Kansas · 1909
- Northrup v. BrowneCourt of Appeals for the Eighth Circuit · 1913
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