15 Kan. 532 | Kan. | 1875
This was an action brought by Cain against the administrator and heirs of the estate of Daniel Campbell deceased. The facts of the case seem to be about as follows: During the year 1870, Campbell, with his wife and family, resided upon and occupied said land, although the title thereto was in the United States. Campbell employed Cain to dig a well on the premises, which Cain did, and in consideration therefor Campbell gave to Cain his promissory notes. Afterward Campbell died intestate, and his widow (Anna Campbell) who had been appointed adistratrix of his estate, then procured (by entry) the title to said land from the United States, for said heirs. Afterward, Cain presented his claim against the estate for the amount due on said notes, which claim was allowed by the probate court. Mrs. Campbell then died intestate. No administrator was appointed for her estate, but Thomas Leahy was afterward appointed administrator de bonis non of said Daniel Campbell’s estate. Cain then commenced this action in the district court against said Leahy, as administrator, and against all the heirs — five in number — of said Daniel Campbell and Mrs. Anna Campbell. The object of the action was to recover a money-judgment against • the administrator for the said amount allowed by the probate court, and to have said land sold to satisfy said judgment. Afterward Cain dismissed his action as against three of the heirs, and then took judgment by default against the administrator and the other two heirs, one of whom was the present plaintiff in error, Mrs. Isabel Johnson.
The judgment rendered against Mrs. Johnson was, that her interest in said land should be sold to satisfy said money-judgment rendered against the administrator. The only question for this court to consider is, whether this judgment rendered against Mrs. Johnson is correct or not. No other person is complaining in this court. We hardly, think such judgment is correct. It will be noticed from the record that
The judgment of the district court will be reversed, and cause remanded for further and proper proceedings.