Coulson v. Coulson
Coulson v. Coulson
Opinion of the Court
By the Court,
There can be no doubt of tbe general correctness of tbe points made by tbe counsel of tbe appellants, but we do not think they bear upon tbis case. It would be a great outrage upon common justice to sustain a sale brought .about by fraud and collusion between tbe administrator and tbe purchaser, as tbis is alleged to have been done. And if these charges of fraud bad been sustained by testimony, if evidence bad been adduced to show tbat tbe administrator of tbe estate of George Coulson and tbe appellee bad manufactured spurious accounts against tbe estate to deceive and impose upon tbe Probate Court, and mislead him as to its real condition, for tbe purpose of obtaining an order to sell tbe land in controversy, tbis court could give no countenance to such proceedings. But for aught tbat appears in tbe case, tbe conduct of tbe administrator and of tbe appellee about tbe estate was proper and legal. Tbe administrator found tbat tbe personal property was insufficient to pay tbe debts against tbe estate, and charges of administration, and be took tbe necessary steps to obtain an order to sell tbe real estate. An order was granted, and tbe land was advertised and sold according to law. Tbe appellee bought tbe land at tbe sale, being tbe highest and best bidder therefor. Aside from tbe unsupported charges of fraud in tbe bill, there is nothing in tbe case to impeach, in any respect, tbe.
Tbe decree of tbe Circuit Court in dismissing tbe bill must be affirmed,-with costs.
Reference
- Full Case Name
- MARY COULSON v. JOHN COULSON
- Status
- Published