Swatzel v. Arnold
U.S. Circuit Court for the District of Nebraska
On the 12th of March, 1S64, John Swatzel filed his bill of complaint in the district court of the late territory of Nebraska, for the county of Washington. The object of the bill was the foreclosure of a mortgage upon lands situated in that county, executed by Anselm Arnold, the ancestor of the defendants, to Joseph Parks, the intestate of the plaintiff.
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On the 12th of March, 1S64, John Swatzel filed his bill of complaint in the district court of the late territory of Nebraska, for the county of Washington. The object of the bill was the foreclosure of a mortgage upon lands situated in that county, executed by Anselm Arnold, the ancestor of the defendants, to Joseph Parks, the intestate of the plaintiff. The bill alleged the appointment of the plaintiff as administrator of Parks’ estate, by the probate court of the county of Johnson, in the state of Kansas. On the 25th of April, 1864, the defendants demurred to the bill, on the ground that…
1Opinion of the Court
MILLER, Circuit Justice.
In this case the • plaintiff brought, in the district court of the late territory of Nebraska, his suit as administrator of the estate of the decedent, Joseph Parks, to foreclose a mortgage. His only claim to sue as administrator rested on his appointment by the probate court of the county in the state of Kansas in which the decedent was domiciled at the time of his death. A demurrer to this bill was sustained in the court in which it was brought, on the ground that the plaintiff could not maintain his suit because he had not been appointed administrator by any probate…
2Cases cited2 opinions
- Stevens v. GaylordMassachusetts Supreme Judicial Court · 1814
- Doolittle v. LewisNew York Court of Chancery · 1823
3Cited by6 opinions
- McDonald v. NebraskaCourt of Appeals for the Eighth Circuit · 1900
- Bowden v. BurnhamCourt of Appeals for the Eighth Circuit · 1894
- Hodges v. KimballCourt of Appeals for the Fourth Circuit · 1899
- Black v. Henry G. Allen Co.U.S. Circuit Court for the District of Southern New York · 1890
- Leahy v. HaworthCourt of Appeals for the Eighth Circuit · 1905
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