Duchane v. Goodtitle
Indiana Supreme Court
APPEAL from the ifnoa; Circuit Court. Ejectment on the demise of Buntin and Dubois, executors of Bazadone, for a house and lot in Vincennes. Verdict and judgment for the plaintiff below.
1Opinion of the CourtScott, J.
The appellant has assigned several reasons for reversing the judgment. The first is, that executors cannot maintain an action of ejectment for a fee simple estate. Although an executor, by virtue of his authority as executor alone, has no power over a fee simple estate; yet he may, by a Special provision in the will of the testator, be authorized to enter on such estate, and to lease or otherwise dispose of it. Therefore, the position that an executor cannot maintain ejectment for a fee simple estate, is not in all cases correct. But if we admit the correctness of the position in all its…
2Cited by8 opinions
- Smith v. DoddsIndiana Supreme Court · 1871
- Commonwealth v. SimeoneSuperior Court of Pennsylvania · 1972
- Simmons v. CommonwealthSupreme Court of Pennsylvania · 1813
- Commonwealth v. NichelsonSuperior Court of Pennsylvania · 1982
- Sanchez's Administrator v. HartSupreme Court of Florida · 1880
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