Upton v. Gerber

The plaintiff is a minor, and one of four heirs of his deceased father. He brings ejectment by *73his next friend, who is his mother, and who was also administratrix of his father’s estate. The defendant claims under an administratrix’s deed which he received from her upon a sale supposedly authorized by law under the direction of the probate court, and he relies upon his deed and possession under the same. The cause was tried before the court, and findings of fact and law were filed. They are as follows:

“ 1. That on the 18th day of April, 1894, Adonijah E. Upton was the owner in fee simple of…