Brown v. Wheeler
Supreme Court of Kansas
Error from Marion district court; O. L. Moore, ;judge. In banc. STATEMENT. This was an action brought by defendant in error, Wheeler, as administrator of the estate of one Yan Voorhis Brown, deceased, against plaintiff in error and one Samuel Brown, to recover damages for the conversion of personal property. Plaintiff in error is the father of Samuel and Van Voorhis Brown.
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Error from Marion district court; O. L. Moore, ;judge. In banc. STATEMENT. This was an action brought by defendant in error, Wheeler, as administrator of the estate of one Yan Voorhis Brown, deceased, against plaintiff in error and one Samuel Brown, to recover damages for the conversion of personal property. Plaintiff in error is the father of Samuel and Van Voorhis Brown. Van Voorhis Brown died intestate on the 24th of July, 1898, leaving surviving him his wife, Hattie E. Brown, and one young child. At the time of his death he was in possession of a large quantity of personal property,…
1Opinion of the Court
The opinion of the court was delivered by
Pollock, J.:
It is first contended that the petition is insufficient, in that the averments of the representative capacity in which plaintiff brings the action are not sufficient, and does not allege that plaintiff either had the possession of the property in controversy or was entitled to its immediate possession. The petition does allege “that he is the duly appointed, qualified and acting administrator of the estate of Van Voorhis Brown, deceased; that at the time of the death of the plaintiff’s intestate, Van Voorhis Brown, the said Van Voorhis…
2Cases cited7 opinions
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- Sexton v. LambSupreme Court of Kansas · 1882
- Cox v. HarveyIndiana Supreme Court · 1876
- Town of Manson v. WareSupreme Court of Iowa · 1884
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3Cited by6 opinions
- Bond v. BondSupreme Court of Kansas · 1941
- Mourning v. HarrisonSupreme Court of Kansas · 1941
- Sheahan v. City of Kansas CitySupreme Court of Kansas · 1918
- Shores v. United Surety Co.Supreme Court of Kansas · 1911
- Boddington v. City of Kansas CitySupreme Court of Kansas · 1915
1 more not listed; retrieve them via the Exa API.