Munteith v. Rahn
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. One Damrt died intestate in Milwaukee county, in April, 1857, and one Bode was appointed bis administrator. In pursuance of an order of tbe county court, Bode sold certain real estate of his intestate; and Filner, tbe purchaser, gave his promissory notes for a part of tbe purchase money, secured by a mortgage on tbe property.
Read the full summary
APPEAL from tbe Circuit Court for Milwaukee County. One Damrt died intestate in Milwaukee county, in April, 1857, and one Bode was appointed bis administrator. In pursuance of an order of tbe county court, Bode sold certain real estate of his intestate; and Filner, tbe purchaser, gave his promissory notes for a part of tbe purchase money, secured by a mortgage on tbe property. Afterwards Bode, as administrator, sold and assigned'one of tbe notes and tbe mortgage to tbe plaintiff in this case. On tbe 26th of April, 1859, Bode was removed from bis trust as administrator, and tbe defendant Bahn…
1Opinion of the Court
By the Court,
Oole, J.
Under tbe stipulation of parties, tbe only question we have to consider on the demurrer to tbe answer is, whether tbe sale of tbe note and mortgage mentioned in tbe complaint, to tbe appellant, passed tbe title, it having been made by Bode, tbe administrator of tbe estate of Damrt deceased. It is contended that no valid sale could be made by tbe administrator, under our statute, without a previous order of tbe probate court. Tbe same question in substance was presented in tbe case of Ely vs. Williams, 13 Wis., 1, and our decision was adverse to this position. We then held…
2Cases cited1 opinion
- Williams v. ElyWisconsin Supreme Court · 1860
3Cited by4 opinions
- Whitaker v. Whitaker Iron Co.District Court, N.D. West Virginia · 1916
- Williams v. CobbCourt of Appeals for the Second Circuit · 1914
- Obert v. ZahnSupreme Court of Oklahoma · 1914
- Shupe v. JenksWisconsin Supreme Court · 1928