Mickel v. Hicks
Supreme Court of Kansas
jError from Chase District Court. Mickel, a minor, by Thomas Gordon, his guardian, brought ejectment against Hicks and wife, to recover possession of the N. J of the N.E. J of section 12, township 17, range 12 east, being eighty acres of land in Lyon county, and also to recover for the rents and profits of said lands for three years next before the commencement of the suit. Plaintiff claimed as owner in fee simple, as heir-at-law of Zilpha A. Mickel.
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jError from Chase District Court. Mickel, a minor, by Thomas Gordon, his guardian, brought ejectment against Hicks and wife, to recover possession of the N. J of the N.E. J of section 12, township 17, range 12 east, being eighty acres of land in Lyon county, and also to recover for the rents and profits of said lands for three years next before the commencement of the suit. Plaintiff claimed as owner in fee simple, as heir-at-law of Zilpha A. Mickel. Hicks admitted possession, and claimed title in fee simple under and in virtue of an administrator’s sale and deed, made (pursuant to an order…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The question in this case is, as to the validity of an administrator’s sale. Its validity is challenged on two grounds: 1st, the insufficiency of the petition for the sale of the real estate; and 2d, the invalidity of the notice given of the application for order of sale. Passing by the first, we shall notice the second ground of attack. And here it may be remarked, that as these proceedings are attacked collaterally, a want of jurisdiction must be shown, and no mere matters of error are sufficient to invalidate the sale. This is conceded by…
2Cases cited5 opinions
- Good v. NorleySupreme Court of Iowa · 1869
- Sibley v. . WaffleNew York Court of Appeals · 1857
- Valle v. FlemingSupreme Court of Missouri · 1854
- Morris v. HogleIllinois Supreme Court · 1865
- Gibbs v. ShawWisconsin Supreme Court · 1863
3Cited by28 opinions
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- Lamont v. VingerMontana Supreme Court · 1921
- Seal v. BanesSupreme Court of Oklahoma · 1934
- O'Keefe v. BehrensSupreme Court of Kansas · 1906
- Strawn v. BradySupreme Court of Oklahoma · 1921
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