Doll v. Good

Sprague, J., delivered the opinion of the Court: This appeal is from the judgment, upon the judgment roll alone.

The plaintiff sues as the administrator of the estate of one Brittan Martin, deceased, and the complaint, after alleging the death of Martin, that letters of administration upon the estate of deceased were duly issued to him, and that he duly qualified as such administrator, and entered upon the discharge of his duties, etc., further alleges that “the said Brittan Martin, at the time of his death, lawfully owned and was in possession of, with other property, the following .goods, chattels, credits and effects, viz : Twenty-two head of work oxen, each worth $75 per head; two large freight wagons, worth $500 each; eleven yokes and chains, worth $10 each; five thousand pounds of flour, then at Susanville, Lassen County, worth $8 per 100 lbs; one horse, worth $75, and money due from sundry persons at Humboldt and Reese River, in the State of Nevada, collected by defendant and appropriated to his own use, in the sum of $140. All of said goods, chattels, credits and effects, as aforesaid, amounting to the aggregate value of $3,375 in lawful money. That thereafter, immediately upon the death of the said Brittan Martin, as plaintiff is informed and believes, the defendant took all of said goods, chattels and credits hereinbefore enumerated into his possession, and appropriated the same, and all thereof, to his own use, and thereupon and thereby undertook and promised, in consideration thereof, to pay to the legal representatives of the said Brittan Martin, deceased, the value thereof as stated aforesaid,” etc.

The defendant answered the above recited allegations of the complaint as follows : “Denies that at the time of the death of the said Brittan Martin he was in possession of or the owner of twenty-two head of work oxen worth $75 per head, or two large wagons worth $500 each, or 5,000 pounds of flour worth $8 per 100 lbs, or one horse worth $75, or money due from sundry persons in the sum of $140.”

“But this defendant admits that when said Brittan Martin died he was the owner of about eighteen head of oxen, [289]worth about $30 per head, three head of which were stolen by the Indians on Mill Creek, and three more of which died on the road from Susanville to Tehama county; two wagons worth about $100 each; seven yokes and chains, old and worth nothing. The flour mentioned in said complaint was bought and paid for by said defendant, with the understanding that said Martin should have one half of the profits, if any, that was made on the same. The horse that was mentioned in plaintiff’s complaint was sold by defendant to Brittan Martin, and never paid for. Admits that he collected for said Martin the sum of $20, and no more.”