Legal Opinion

Branner v. Nichols

Supreme Court of Kansas

Decided January 6, 1900No. 11,413PublishedCited by 9 opinions

1. Ejectment — Administrator's Sale — Partnership Estate-Fraud — Estoppel. In an action to recover the possession of real estate sold by an administrator to pay debts of a partnership, and fraudulently bought in by him, and for rents and profits of the same received by the defendant for thirteen years, the latter averred in his answer a settlement of the partnership estate, of which he was surviving partner and administrator, an accounting and final discharge from his trust…

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1. Ejectment — Administrator's Sale — Partnership Estate-Fraud — Estoppel. In an action to recover the possession of real estate sold by an administrator to pay debts of a partnership, and fraudulently bought in by him, and for rents and profits of the same received by the defendant for thirteen years, the latter averred in his answer a settlement of the partnership estate, of which he was surviving partner and administrator, an accounting and final discharge from his trust in the probate court, and the payment of over $3000 to the plaintiff, who was one of the heirs of the deceased partner.…

1Opinion of the Court

The opinion of the court was delivered by

Smech, J.:

The first error assigned is the refusal of the court below to strike out certain parts of the reply. They charge fraudulent conduct by Branner in foreclosing a mortgage securing a note for $500, *370belonging to the partnership estate on land in Wabaunsee county, obtaining title in his own name, selling the same, and failing to report the transaction to the probate court; and, again, that in 1877, there was in Branner’s hands, as administrator of the partnership estate, three promissory notes aggregating over $7000, secured by mortgage on lot 167…

2Cases cited5 opinions

  1. Young v. WhittenhallSupreme Court of Kansas · 1875
  2. Austin v. BarrettSupreme Court of Iowa · 1876
  3. Atchison, Topeka & Santa Fe Railroad v. RowanSupreme Court of Kansas · 1895
  4. Atchison, Topeka & Santa Fé Railroad v. PrachtSupreme Court of Kansas · 1883
  5. Webb v. BrannerSupreme Court of Kansas · 1898

3Cited by9 opinions

  1. In Re Jennings' EstateMontana Supreme Court · 1925
  2. Hazen v. WebbSupreme Court of Kansas · 1902
  3. State v. ColeSupreme Court of Kansas · 1932
  4. State v. SweeneySupreme Court of Kansas · 1907
  5. Parrish v. ParrishSupreme Court of Kansas · 1903

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