Thomas v. Hugh

Citations

• 80 Kan. 632
• 103 P. 772
• 1909 Kan. LEXIS 128

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Executors and Administrators — Sale of Real Estate to Pay Debts — Statute of Limitation. The provision that an action for relief not otherwise provided for in the statute of limitation can only be brought within five years after the cause of action shall have accrued has no application to a proceeding instituted in the probate court by an executor for the sale of real estate to pay debts of the testator.</p> <p>2. - Reasonable Time in which to Sell. There being no statute of limitation relating to the matter, the requirement of the law is that, such a proceeding can be maintained only if begun within a reasonable time, in view of all the circumstances of the case.</p> <p>3. - Delay in Petitioning for a Sale Explained. A delay of six years by a foreign executor to petition for the sale of land in this state to pay the indebtedness of the testator is not unreasonable when it is occasioned by the pendency of litigation carried on in good faith to determine the validity and amount of such indebtedness.</p> <p>4. --- Order Allowing Claim — Prima Facie Evidence. In a proceeding to subject real estate to the payment of the debt of a decedent, the allowance of the claim against the executor or administrator by a court having jurisdiction is prima facie evidence against the heirs or devisees of its validity and due presentation. This is true even of an order made by the court of another state, in virtue of the provision of the statute (Gen. Stat. 1901, § 2950) authorizing a foreign executor or administrator, where none has been appointed in Kansas, to sell real estate of the decedent situated in this state for the payment of debts in the same manner as though he had been appointed here.</p> <p>5. - Innocent Purchaser, from Devisees. One who buys land in this state from the devisees, seven years after the death of the testator, while a resident of another staj;e, is not protected as an innocent purchaser against proceedings thereafter broug