Caffey v. . Osborne

The movants attack the order and judgment of the clerk authorizing the execution of a mortgage on decedent’s land by the plaintiff administrator, on two grounds:(1) That there was no authority in law for making such an order.(2) That the mortgage was in whole or in part to reimburse the plaintiff for money which he had borrowed to pay the debts of the estate.

Originally, an administrator had no authority to deal with or encumber the real estate of his intestate, and where the personalty was insufficient to pay the debts, he could only file proper petition to sell the real estate to create…