Jackson v. Roberts
Court of Appeals of Kentucky
Case 71 — MOTION APPEAR PROM GRANT COURT OP COMMON PLEAS. 1. The administrator can have no title or interest in the real estate of the decedent, and therefore had no right or power to maintain or even institute the action or special proceeding, whichever it may be called.
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Case 71 — MOTION APPEAR PROM GRANT COURT OP COMMON PLEAS. 1. The administrator can have no title or interest in the real estate of the decedent, and therefore had no right or power to maintain or even institute the action or special proceeding, whichever it may be called. (Gen. Stats., chap. 39, art. 2; 9 Dana, 281; Heeter, &o.t v. Jewell, 6 Bush, 512.) 2. The administrator having no right to maintain the action, the heirs had no right to be substituted to the benefit of the notice or the motion made by him and thus become plaintiffs. (Gen. Stats., chap. 38, art. 12, sec. 9; Civil Code, seo.…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the court.
M. L. Roberts was the administrator of W. L. Roberts, and as such obtained a judgment at law against the appellant, Jackson, in the Grant Common Pleas Court for the sum of $85.00.- He caused, an execution thereon to be issued and levied on a house and lot belonging to Jackson, and at the sale thereof by the sheriff, on May 14, 1888, became the purchaser at the price of $167.20, which paid the judgment, including interest and costs. *412This price was less than two-tliirds of the appraised value of the property, but the defendant in the execution…
2Cited by4 opinions
- Sanborn v. LoudMichigan Supreme Court · 1907
- Thompson v. BowenSupreme Court of Arkansas · 1908
- Caudill v. Trimble's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1938
- Tankersley v. CornettCourt of Appeals of Kentucky (pre-1976) · 1929