Dougherty v. Miles
Before: McFarland
Synopsis
Estates of Decedents — Probate Sale — Distribution of Estate to Heir — Adverse Possession — Prescriptive Title. — Where the purchaser at a probate sale never took possession of the purchased premises, and an heir of the decedent, representing all the title cast by inheritance, entered upon the land while unoccupied, made improvements thereon, and for nearly twenty years was in actual possession of part of the land, claiming the whole, and, six years after his entry upon the land, obtained a final decree of distribution of the estate of the decedent, distributing the whole of the land to him, and paid all taxes thereon from a date prior to such distribution, without any protest, interference, or interruption of possession by the purchaser at the probate sale or his representatives, his adverse possession extended to the boundaries held by the ancestor and described in the decree of distribution.
Id. — Quieting Title — Description of Land — Evidence — Map of Premises—Immaterial Ruling. —In an action brought by such heir to quiet his title to the distributed premises as against the representatives of the purchaser at the probate sale, where the complaint describes the premises by metes and bounds, and there is no question as to the identity of the land distributed with that sold under the probate order, the refusal to admit in evidence a map referred to in the complaint, when offered by the defendants, in so far as it was offered for the purpose of identifying the land sold under the probate order, though admitted for all other purposes, is immaterial.
McFarland, J. This is an action to quiet title to a certain tract of land described in the complaint by metes and bounds, and generally called the Hayes ranch. Judgment went for plaintiffs, and defendants appeal from the judgment, and from an order denying [569]a new trial. The action was commenced by Edward Hayes, who died during its pendency; and it was prosecuted to judgment by his administrators.
Both parties claim through John Hayes, who died intestate, and siezed of the land in contest, on May 20, 1857. His next of kin and only heirs were two brothers, Edward (who commenced this action) and Robert Hayes, and Edward acquired the title and interest of Robert in the estate. At the time of the death of John, the two surviving brothers, Edward and Robert, lived in New Brunswick. A few days after the death of said John Hayes, one Gitchell was appointed special administrator of his estate, and sold the personal property for $696.41. Afterwards, he applied for letters of general administration; and on August 3, 1857, the probate court made an order that such letters issue to him upon his giving a bond in a certain named sum. There is no evidence that he ever gave any bond, or that said general letters were ever issued to him. Neither'is there any evidence that he ever made application to sell the real property of the estate, other than the recital of the court hereinafter mentioned. No bond or letters of administration or application to sell said property were among the papers on file, nor was there any evidence that either of them was ever in existence. But on November 23, 1857, the court made an order that the said real property be sold; and the order recited that there had been due publication of an application for such sale, and declared that the sale of the real property of the estate was necessary. Gitchell returned that pursuant to said order he had sold the Hayes ranch to George R. Ring-gold for $975. On December 28,1857, the court approved the sale to Ringgold. On August 27, 1858, Gitchell made a deed of the Hayes ranch to Lucius B. Northrop, which recited that Northrop was the bidder at the sale. Afterwards, on January 14,1859, Northrop made a conveyance of said ranch to said" George R. Ringgold. Defendants and appellants claim title through the above proceedings, as heir's and representatives of said Ring-[570]
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