Darling v. Potts
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon.'James Hibson, Judge. (1) The referee and the court erred in charging Mr. Potts interest on properties to September 8. Potts had paid out large sums on the properties and in their preservation. The item represents a return of some portion of his advances. He was not chargeable with interest thereon. Williams’ Adm’r, v. Heirs of Pettigrew, 62 Mo. 460; 11 Central Law Journal, pp. 285, 306, 324; In Matter of Estate of Campbell, 6 Mo.
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Appeal from Jackson Circuit Court. — Hon.'James Hibson, Judge. (1) The referee and the court erred in charging Mr. Potts interest on properties to September 8. Potts had paid out large sums on the properties and in their preservation. The item represents a return of some portion of his advances. He was not chargeable with interest thereon. Williams’ Adm’r, v. Heirs of Pettigrew, 62 Mo. 460; 11 Central Law Journal, pp. 285, 306, 324; In Matter of Estate of Campbell, 6 Mo. App. 563. (2) The finding of the referee was erroneous on the various items found against defendant in the report. (3) The…
1Opinion of the CourtBubgess, J.
— The controversy arose over the ■disagreement of the parties as to their rights and interest in and growing out of five different pieces of of property. First. Two hundred, sixty-seven and one-half acres of laud in Clay county, Missouri, known as the Randolph tract, subject to a large incumbrance. Second. A one-tenth interest in thirty-six acres of land near the southwestern part of Kansas City, known as the Baker tract, subject to certain incumbrances. The ■owners of the land afterwards formed a corporation, known as Metropolitan Mortgage and Improvement Company, and conveyed the title to…
2Cases cited6 opinions
- Johnson v. QuarlesSupreme Court of Missouri · 1870
- Ringo v. RichardsonSupreme Court of Missouri · 1873
- Kennedy v. Estate of KennedySupreme Court of Missouri · 1874
- Franz v. DietrickSupreme Court of Missouri · 1871
- Western Boatmen's Benevolent Ass'n v. KribbenSupreme Court of Missouri · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fricker v. Americus Manufacturing & Improvement Co.Supreme Court of Georgia · 1905
- Tufts v. LatshawSupreme Court of Missouri · 1903
- State ex rel. Gass v. GordonSupreme Court of Missouri · 1915
- Hetrick v. SmithWashington Supreme Court · 1912
- Reed v. PainterSupreme Court of Missouri · 1895
3 more not listed; retrieve them via the Exa API.