McFarland v. Stone
Supreme Court of Vermont
Ejectment for a lot of land in Westford. Plea, the general issue, and trial by jury. On trial it was admitted by the defendant that the said Ebenezer Burdick died intestate, at Westford, in 1815, or 1816, seized and possessed, in fee, of the premises described in the plaintiff’s declaration ; — that at his decease he had living nine children, viz. six sons and three.daughters, who were the heirs to his estate; — that the five oldest children became of age more than fifteen…
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Ejectment for a lot of land in Westford. Plea, the general issue, and trial by jury. On trial it was admitted by the defendant that the said Ebenezer Burdick died intestate, at Westford, in 1815, or 1816, seized and possessed, in fee, of the premises described in the plaintiff’s declaration ; — that at his decease he had living nine children, viz. six sons and three.daughters, who were the heirs to his estate; — that the five oldest children became of age more than fifteen years prior to the commencement of this action; — that the next child, a daugh-, ter, named Nancy, after the death of her…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
1. No question can properly be made here, or in the county court, in regard to the legality of the appointment of the plaintiff as administrator. That is a matter resting exclusively within the jurisdiction of the probate court, and cannot be inquired into in any other court, nor collaterally questioned in any way., The appointment by that court is as conclusive as the judgment of any other court of competent jurisdiction, and cannot be set aside, or impeached, in any other way than by proceedings in the pro-/ bate court for that express…
2Cases cited3 opinions
- Eager v. CommonwealthMassachusetts Supreme Judicial Court · 1808
- Bunce v. WolcottSupreme Court of Connecticut · 1816
- Hicks v. RogersSupreme Court of the United States · 1807
3Cited by17 opinions
- Pierce v. PrescottMassachusetts Supreme Judicial Court · 1880
- Tracy v. AthertonSupreme Court of Vermont · 1863
- McKee v. HoweSupreme Court of Colorado · 1892
- Lytle v. StateSupreme Court of Arkansas · 1856
- Russell v. TennantWest Virginia Supreme Court · 1908
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