Weaver v. Dugan

That certain real property might be decreed to have belonged to her intestate at the time of decease, and made available for the payment of debts allowed against his estate, an administratrix sued to recover the property. It is moved to dismiss her writ of error prosecuted to an adverse judgment, on two grounds: (1) That the action does not survive as against the administrator of an estate; (2) that the facts alleged do not constitute a cause of action, for that, as said, only the heirs of plaintiff’s intestate can maintain proceedings to recover real estate alleged to have belonged to him.

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