O'Keefe v. Behrens

The opinion of the court was delivered by

Burch, J.:

John F. Behrens, the owner of the real estate in controversy, died intestate in June, 1890. On January 80,1896, plaintiff in error O’Keefe placed upon record an administrator’s deed of the land to him, regular upon its face, and duly approved, executed and delivered in pursuance of a sale directed to be made by an order of the probate court. In December, 1903, the heirs of the decedent commenced an action of ejectment for the recovery of the land, and on the trial attacked the administrator’s deed as void. They claimed that the probate court…