Gilkey v. Hamilton
Michigan Supreme Court
Error to Kalamazoo Circuit. The plaintiffs below, as administrators of the estate of' Harvey Hamilton, brought their action in the Circuit Court of the County of Kalamazoo against Edward Gilkey, of replevin for a horse, which belonged to their intestate at the time of his death.
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Error to Kalamazoo Circuit. The plaintiffs below, as administrators of the estate of' Harvey Hamilton, brought their action in the Circuit Court of the County of Kalamazoo against Edward Gilkey, of replevin for a horse, which belonged to their intestate at the time of his death. The plaintiffs, who are respectively the son and wife of Harvey Hamilton, subsequent to the death of Hamilton and prior to the issuing of- letters of administration to them, had delivered the horse to an agent with instructions to sell or dispose of him. Under these-instructions the agent transferred the horse to…
1Opinion of the CourtCooley, J.
This case presents the question whether, where one interferes with the property of a deceased person and sells a portion thereof without right, and is afterwards appointed administrator on the estate of such deceased person, he will be estopped by his prior acts from recovering the property for the estate.
*286The plaintiff in error insists that he is; and he calls onr attention to a considerable list of judicial decisions in which it has been held, that when one is appointed administrator on the estate of a deceased person, his title relates back to, and takes effect from, the date of the death…
2Cases cited2 opinions
- Cullen v. O'HaraMichigan Supreme Court · 1856
- Morton v. PrestonMichigan Supreme Court · 1869
3Cited by16 opinions
- Hildebrand v. KinneyIndiana Supreme Court · 1909
- Miller v. ClarkMichigan Supreme Court · 1885
- Michigan Trust Co. v. City of Grand RapidsMichigan Supreme Court · 1933
- Fisher v. Volkswagenwerk AktiengesellschaftMichigan Court of Appeals · 1982
- Cox v. YeazelNebraska Supreme Court · 1896
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