| OCR Text |
Show A Question of Law. " J Edward Brain, one of the parties now serving sentence for unlawful cohabitation, cohabita-tion, has been made the defendant in a suit involving some. $11,400. The action is brought in the Third District Court by several members of the Rand family, who claim that Brain unlawfully took possession of some real estate near the old site of Butcherville, in the eastern part of the city, belonging in part to the estate of Joseph Rand, deceased,the father of the complainants. It is also alleged that the defendant has taken from the disputed premises large quantities of clay, from which he is said to have realized re-alized a considerable amount; and that he has also removed the former house and in other ways damaged the property. It is understood that the property in question was purchased by Brain from the Rand estate, and good and secure title obtained, but that when the sale took place the precaution was not taken to get the signatures of all the heirs to the estate attached to the deed, and it is held on this technicality that the deed is invalid. Those of the heirs who approved and were cognizant of the sale appear as co-defendants, as does also the Zion's Savings Bank, who hold a mortgage on the property. The case will receive an early ventilation in the courts, and the question as to whether it is necessary for all the heirs of an estate to approve of the sale of property under administration will cut an important figure in the result. It is understood that this is the .only question ques-tion involved, as the deed was executed by the administration according to due process of law. |
