Brummagim v. Ambrose
Brummagim v. Ambrose
Opinion of the Court
All the matters of defense relied upon in this case are concluded by the judgment of the Probate Court directing a re-sale of the property. The defendant was personally served with notice of the application for the order of re-sale, and had an opportunity to defend against it. He has had his day in Court, and if he had appeared and proved to the satisfaction of that Court the facts which he offered to prove on the trial of this action, he would doubtless have escaped the subsequent litigation. But the Probate Court had jurisdiction to adjudicate the whole question of a resale of the property; and its proceedings, within its jurisdiction, are to be construed, under our statute, “in the same manner, and with like intendments, as the proceedings of Courts of general jurisdiction; and the records, orders, judgments and decrees of said Courts shall have accorded" to them like force and effect and legal presumptions, as the records, orders, judgments and decrees of the District Courts.” The defendant was invited before that forum to show cause why a re-sale, at his expense, should not be ordered; and having failed to appear, he is concluded by the judgment from setting up the defenses now attempted. We discover no error in the record.
Judgment affirmed. Bemittitur forthwith.
Mr. Chief Justice Wallace did not express an opinion.
Reference
- Full Case Name
- JOHN W. BRUMMAGIM, Administrator with the will Annexed of the Estate of Jacob C. Beideman v. THOMAS AMBROSE
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Judgment oe Pbobate Couet an Estoppel.—If a purchaser of land at an administrator’s sale fails to pay the purchase-money, and for that reason an application is made for a re-sale of which the purchaser receives personal notice and fails to appear, and a re-sale is ordered by the Probate Court, and is made at a less sum than that bid by the former purchaser, and the administrator sues to recover the difference between the two sales, the judgment of the Probate Court ordering a re-sale estops the defendant from setting up or proving in defense, that the administrator made fraudulent representations or defrauded him at the sale; or that the administrator, after the sale, paid him back the ten per cent, deposit, and released him from his bid, and took an assigment of his bid, or that the sale was cancelled by the administrator because he could not give the defendant possession. Idem.—A judgment of a Probate Court ordering a re-sale of property sold by an administrator for failure of the purchaser to pay the purchase-money, is conclusive on the purchaser, and estops him as to all matters which might have been litigated there.