Legal Opinion

Black v. Dressell's Heirs

Supreme Court of Kansas

Decided January 15, 1878PublishedCited by 8 opinions

Error from Cowley District Court. Foreclosure of mortgage, brought by Black against Jackson as administrator de bonis non of the estate of Lewis Dressell, deceased. Ida, Elizabeth, Charles, Eunice, August, and Lewis, minor heirs of said Lewis Dressell, deceased, were joined as co-defendants. Defense was made for the heirs. Trial at October Term 1876 of the district court.

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Error from Cowley District Court. Foreclosure of mortgage, brought by Black against Jackson as administrator de bonis non of the estate of Lewis Dressell, deceased. Ida, Elizabeth, Charles, Eunice, August, and Lewis, minor heirs of said Lewis Dressell, deceased, were joined as co-defendants. Defense was made for the heirs. Trial at October Term 1876 of the district court. The court held that the note and mortgage, which were given by a former administrator of said intestate, were void, and gave judgment in favor of defendants. Black brings the case here on error.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

Action on a note and mortgage, given by an administrator. Defense, a want of power. The question was raised on demurrer. The facts as stated in the petition are, briefly, that Lewis Dressell settled upon a quarter-section of the Osage lands, the one upon which this mortgage was subsequently given, intending to enter the same; that he died *154before making payment and final entry; that Henry Martin was appointed administrator of his estate, March 14th 1872, having been theretofore and in 1871 appointed guardian of the minor heirs; that 1st…

2Cases cited1 opinion

  1. Maduska v. ThomasSupreme Court of Kansas · 1870

3Cited by8 opinions

  1. Crippen v. ChappelSupreme Court of Kansas · 1886
  2. Coulson v. WingSupreme Court of Kansas · 1889
  3. Rogers v. ClemmansSupreme Court of Kansas · 1881
  4. Ætna Life Insurance v. SwayzeSupreme Court of Kansas · 1883
  5. Stevenson v. RobertsCourt of Appeals of Texas · 1901

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