Bowers v. Dolan

Bell, Justice.

The petition does not in terms allege that the defendant falsely and fraudulently represented himself to be a creditor of the estate of Katherine A. Dolen, for the purpose of obtaining his appointment as her administrator, but it does aver specific facts from which no other inference is reasonably deducible except that he was not a creditor and knew it, and that he was a mere intermeddler with fraudulent motive. True it is that the plaintiff charged only upon information and belief that the defendant knew that Katherine A. Dolen was not in life at the time he made the tax…