Rafferty v. Mallory
U.S. Circuit Court for the Northern District of Illnois
In equity. This was an action by Harriet M. Rafferty and others, heirs at law of wil-liam R. Oliver, to recover lands bid in, In satisfaction of a mortgage due the intestate. by a foreign administrator, and sold by him to Isaac M. Mallory, the defendant, without any order or authority of the probate court. The general rule is that an administrator is not' suable and cannot sue outside the jurisdiction appointing him. Story, Confl.
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In equity. This was an action by Harriet M. Rafferty and others, heirs at law of wil-liam R. Oliver, to recover lands bid in, In satisfaction of a mortgage due the intestate. by a foreign administrator, and sold by him to Isaac M. Mallory, the defendant, without any order or authority of the probate court. The general rule is that an administrator is not' suable and cannot sue outside the jurisdiction appointing him. Story, Confl. Law, § 513. This rule does not exempt the foreign administrator from liability, as administrator in fact or de son tort. He is liable, and is estopped denying his…
1Opinion of the Court
BLODGETT, District Judge.
The facts in this case, as set forth in the bill, and established by the evidence, are: That on the 29th of April, 1S5G, one D. B. Stiles, of Ogle county, Illinois, executed and delivered to one W. It. Oliver, of Washington, in the state of Pennsylvania, a mortgage on the west half of the southwest quarter of section 23, township 40, north of range 1 east, situate in said county of Ogle, to secure the payment to said Oliver of $575 in one year from said date; that in the fall of the year 1850 said Oliver died intestate, leaving several children as his heirs at law, of…
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