Hobbs v. Harlan

East, Sp. J.,

delivered the opinion of the court.

This litigation arises out of the following facts r Robert Harlan departed this life in 1862, intestate, leaving six minor children surviving him. His estate-was administered. On the 6th of February, 1865, Samuel Harlan, a brother of the deceased, qualified as guardian of the children.- Shortly after the death, and before the appointment of the guardian, Robert Harlan’s dwelling-house, located upon a farm of 225 or or 235 acres, of which he died owner, was burned and the fences were partially destroyed. ' The administrator paid over to the…