6 Indian Terr. 336 | Ct. App. Ind. Terr. | 1906
(after stating the facts). The appellant (defendant) has filed 18 assignments of error, but it does not occur to us that anjr of them need much discussion. It appears from the record that the appellee (plaintiff) was the widow of Utley Nunley, deceased, and was in the possession of, and claimed to be the owner of, the property sued for in this action of replevin. This suit was instituted on March 26, 1904, before a
The court instructed the jury as follows: “The defendant in the case claims that he was the agent for Mrs. Love, who was the administratrix of the estate of her husband, R. M. Love, deceased. Now, gentlemen of the jury, if you find from the testimony before you that this suit was instituted by Mattie Nunley against Mayo James before any letters of administration were ever issued to Mrs. Love then you will readily see that James could not take the property as an agent of the administratrix. Because, if you find that the administration was not taken out in April, that would not justify Mayo James in taking the property from Mattie Nunley although the Love estate had a mortgage, because Love having a mortgage there should be somebody appointed to represent the
Affirmed.