Weeks v. Thrasher
Weeks v. Thrasher
Opinion of the Court
delivered the opinion of the court.
Caroline M. Thompson died in 1861, leaving a will which
It is impossible for us to understand how a decree could be made in this case for the sale by the administrator of the lot mentioned. Mrs. Weeks enjoined the administrator from selling under the will, as he was about to do. Upon his-answer, and at the hearing, the court made the injunction asked by Mrs. Weeks perpetual, and ordered the administrator to sell the lot. Neither Mrs. Weeks nor the administrator had asked such a decree. The answer of the administrator could
So much of said decree as directs the sale of said lot is reversed and set aside, and in all other respects it is affirmed.
Reference
- Full Case Name
- Julia A. Weeks v. Stephen Thrasher
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. Admiotsteatob, C. T. A.: Sale of lands. Case in judgment. The executor of Mrs. T. resigned, and S. T. was appointed administrator a. t. a. The will directed the sale of a certain lot of land. S. T. advertised the land for sale under the will. W. enjoined the sale, claiming to have purchased the land from the heirs. The administrator answered, and, upon final hearing, the court decreed a perpetual injunction against the sale under the will, and also decreed a sale of the land to pay debts. Held, that this decree to sell the land to pay debts was improper and unauthorized, as neither of the parties had asked for such relief or such decree.