Powers v. Scharling

Citations

• 76 Kan. 855
• 92 P. 1099
• 1907 Kan. LEXIS 336

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Executor’s Sale — Jurisdiction■ — Estoppel. Whether or not, upon an application by an executor for an order to sell real estate to pay debts, a probate court has jurisdiction to determine a question of adverse title, a creditor of the estate who with full knowledge of all the facts accepts payment of his claim out of the proceeds of such a sale cannot be heard to deny the purchaser’s title upon the ground that the testator before his death had conveyed the land to such claimant.</p>