O'Keefe v. Behrens

Citations

• 73 Kan. 469
• 85 P. 555
• 1906 Kan. LEXIS 277

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Limitation op Actions — Administrator’s Sale Void for Want of Notice — Action by Heirs. Section 16 of the code of civil procedure (Gen. Stat. 1901, § 4444), requiring actions brought by the heirs of a deceased person for the recovery of real property descending to them but sold by an administrator of the estate of the decedent upon an order of court directing such sale to be commenced within five years after the date of the recording of the deed made in pursuance of the sale, applies to sales which are void for want of notice to the heirs of the proceedings upon which the deed is based.</p> <p>2. Descents and Distributions — Rights of Heirs to Possession and Partition. Heirs suing for the possession and partition of real estate to which they have acquired title by descent are not required to show, as a condition precedent to recovery, that the land is not subject to appropriation for the payment of the decedent’s debts.</p> <p>3. Pleading — Written Instrument — Denial wider Oath. An allegation that a party is the owner of real property “under a valid and legal deed of ’conveyance duly executed” describes no written instrument whose execution is admitted unless denied under oath.</p> <p>4. - Administrator’s Deed — Effect of Failure to Deny Execution. Failure to deny 'the execution of an administrator’s deed under oath does not admit the validity of the proceedings upon which it is based.</p>