Anderson v. Walter

Citations

• 78 Kan. 781
• 99 P. 270
• 1908 Kan. LEXIS 144

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Administrators — Appointment—Jurisdiction. The appointment by the probate court of a county of this state of an administrator of the estate of one who at the time of his death was an inhabitant and resident of another county thereof is wholly void, and a release of a mortgage belonging to the estate, executed by one so appointed as administrator under color of an order of such court, is without legal effect.</p> <p>2. Estoppel — Heirs■—■ Acquiescence in the Release of a Mortgage — Innocent Purchaser. Where upon the death intestate of the owner of a real-estate mortgage an order is made by the probate court appointing his widow as administratrix, and with her consent a further order is made that she release such mortgage on the ground that at the time of its execution the parties agreed that it was not to be enforced after his death, although such proceedings prove utterly void because taken in the wrong county she can not, after undertaking to release such mortgage on the record as administratrix, assert a right in her own behalf thereunder against one who purchases the land covered thereby in reliance upon such transaction.</p>