Bush v. Sheldon
Supreme Court of Connecticut
The plaintiffs claimed as heir to Daniel Sheldon, deceased. Isaac Sheldon, as administrator, procured commissioners to be appointed on the estate of said Daniel Sheldon, and, on their report, the Court of Probate, in 1785, ordered all his estate to be sold. Under this order, the administrator, in 1786, sold the land in question, at public vendue, to Daniel Seymour, who, on the same day, reconveyed the land to him.
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The plaintiffs claimed as heir to Daniel Sheldon, deceased. Isaac Sheldon, as administrator, procured commissioners to be appointed on the estate of said Daniel Sheldon, and, on their report, the Court of Probate, in 1785, ordered all his estate to be sold. Under this order, the administrator, in 1786, sold the land in question, at public vendue, to Daniel Seymour, who, on the same day, reconveyed the land to him. On the death of Isaac Sheldon, in 1786, the land descended to Anna Goodwin. In 1791, Anna Goodwin sold the land, lor a valuable consideration, to Samuel Smith, of whom the…
1Opinion of the Court
In the Court below,
A decree of a Court of Probate is conclusive upon the parties, until disaffirmed on appeal, or set aside in due course of law, and cannot be enquired into collaterally.
THIS was an action of ejectment.
1803.
On trial to the jury, the plaintiff, to destroy the title ox the defendants, offered to prove fraud in the administrator in selling without any necessity, and thus collaterally to oppugn the decree of Probate ordering the sale. This evidence was objected to, but the Court admitted it, and a verdiet was found for the plaintiff. The defendants filed their bill of exceptions,…
2Cited by7 opinions
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- Hooker v. OlmsteadMassachusetts Supreme Judicial Court · 1828
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