Byerly v. Eadie

Citations

• 95 Kan. 400
• 148 P. 757
• 1915 Kan. LEXIS 226

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Probate Court — Limited, Jurisdiction — Can Not Determine Questions of Title. Probate courts are courts of limited jurisdiction and can not determine questions of title so as to conclude persons claiming adversely to the estate. Their power to decide what shall be done with property owned by a deceased person does not include the power to decide what property the deceased owned.</p> <p>2. Limitation of Actions — Five-year Statute of Limitations Does Not Apply. The five-year statute (Civ. Code, § 15, subdiv. 2) was never intended to bar an action brought-- to-recover real estate by one who claims title from a source paramount and superior to an administrator’s deed.</p> <p>3. Same. The heir or devisee having a title paramount to, independent of and separate from that claimed by the decedent may bring an action to quiet title or to recover possession, irrespective of the five-year statute.</p> <p>4. Land — Patented to Heirs of Deceased — No Part of Deceased’s Estate. Where a patent to land has been issued by the United States government to the heirs of a deceased person, the land becomes no part of the estate of the deceased and can not be-sold by order of the probate court to pay his debts or the costs and charges of the administration. (Rogers v, Clemmans, 26 Kan. 522; C'oulson v. Wing, 42 Kan. 507, 22 Pac. 570.)</p>