Briggs v. Chicago, Kansas & Western Railroad
Supreme Court of Kansas
Error from Woodson District Court. On March 29, 1886, Loretta A. Ault and John A. Ault, husband and wife, being the owners of lot 3, plat of out-lots to the city of Yates Center, executed their promissory note for $500 to Scott & Brier, and secured the same by mortgage on said premises, and the mortgage was duly recorded on the same day. On April 7, 1886, the note and mortgage were assigned to Mrs. R. B. Fitch.
Read the full summary
Error from Woodson District Court. On March 29, 1886, Loretta A. Ault and John A. Ault, husband and wife, being the owners of lot 3, plat of out-lots to the city of Yates Center, executed their promissory note for $500 to Scott & Brier, and secured the same by mortgage on said premises, and the mortgage was duly recorded on the same day. On April 7, 1886, the note and mortgage were assigned to Mrs. R. B. Fitch. On July 14, 1887, the Aults conveyed to The Chicago, Kansas & Western Railroad Company a right of way and strip of land 150 feet in width on each side of the center line of the track…
1Opinion of the Court
The opinion of the court was delivered by
Maktin, C. J. : I. The railroad company takes the position that James F. Briggs, as administrator of the *530estate of Mrs. R. B. Fitch, deceased, could not acquire title to said lot, and therefore had no right to appeal. Authorities are cited upon the point that an executor or administrator cannot, either directly or indirectly, purchase the real estate of his decedent which he has been ordered by the probate court to sell. This is forbidden as well by public policy as the express terms of section 132 of the act respecting executors and administrators.…
2Cases cited2 opinions
- Cohen v. St. Louis, Fort Scott & Wichita RailroadSupreme Court of Kansas · 1885
- Lockman v. . ReillyNew York Court of Appeals · 1884
3Cited by9 opinions
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
- St. Louis, Kansas & Southwestern Railroad v. NyceSupreme Court of Kansas · 1900
- Dexter v. Pennsylvania Power Co.Superior Court of Pennsylvania · 1937
- Philadelphia, Reading & New England Railroad v. BowmanAppellate Division of the Supreme Court of the State of New York · 1897
- Phillips v. LoveSupreme Court of Kansas · 1897
4 more not listed; retrieve them via the Exa API.