Rudulph v. Brown

(After stating the foregoing facts.)

When this case was here before this court held that if the action, as finally shaped and tried, was one brought by the administrator for the recovery of the lands for sale and distribution under the order of the ordinary, the administrator made out a prima facie case entitling him to recover upon proof of such order, and upon the admission of the defendant that the intestate owned them at the time of his death. But we further held that the nature of the original action, which was brought for the above purpose, had been changed by an amendment offered by the…