Wiswell v. Wiswell
Supreme Court of Minnesota
Plaintiff, as administratrix of her deceased husband, brought this action of replevin for a horse in the municipal court of Mankato.
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Plaintiff, as administratrix of her deceased husband, brought this action of replevin for a horse in the municipal court of Mankato. On the trial before the court, (a jury being waived,) the plaintiff having proved that the horse belonged to the intestate at the time of his death, the defendant offered to prove that after that event and before her appointment as administratrix, the plaintiff “traded the horse in question to the defendant for a horse of the defendant which she has ever since had in her possession,” and has treated as her own; that, after her appointment, the plaintiff as…
1Opinion of the Court
Mitchell, .J.
An administrator is a mere officer of the law, and though, when necessary for the protection of the interests of the estate, his title will be held to relate back to the death of the intestate, yet it is an official title, held for the benefit of creditors and next of kin, which cannot be affected to the prejudice of the estate by any acts of his prior to his appointment; nor will his title be affected by any estoppel that does not rest on equities against the estate. The fact that a person has been subsequently clothed with the official title cannot make good prior acts which he…
2Cases cited3 opinions
- Gilkey v. HamiltonMichigan Supreme Court · 1871
- Leber v. KauffeltSupreme Court of Pennsylvania · 1843
- Gouldsmith v. ColemanSupreme Court of Georgia · 1876
3Cited by9 opinions
- Sykora v. Case Threshing-Mach. Co.Supreme Court of Minnesota · 1894
- Brown v. StromSupreme Court of Minnesota · 1910
- Holden v. CurryWisconsin Supreme Court · 1893
- Babcock v. CollinsSupreme Court of Minnesota · 1895
- Huntsman v. FishSupreme Court of Minnesota · 1886
4 more not listed; retrieve them via the Exa API.