Mears v. Smith

Citations

• 19 S.D. 79
• 102 N.W. 295
• 1905 S.D. LEXIS 3

Syllabus

<p>1. Under Probate Code, §§ 147, 242, making it the duty of the executor, or administrator to take possession of all the property of. a decedent, and collect all debts due the estate, an action cannot be maintained on a note by the heir of the deceased indorsee without proof by the probate records that he is owner of the note as distributee.</p> <p>2. Code Civ. Proc. § 529, provides that copies of the records of judicial proceedings in the court of any state or territory shall be admissible-in evidence in all cases in this state when attested, etc. Held, that probate proceedings in another state, by which plaintiff in an action on ,a note is owner of such note, can be shown only by an attested copy of such proceedings, and parole evidence .thereof is inadmissible. '</p>