Merry v. Fremon
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The Probate Court of St. Louis has no equitable jurisdiction. The premises convoyed by trustee Dick to LeBeaume, however fraudulent the deed, formed no part of C. Zelina Fremon’s estate at the time of her death, nor had the Probate Court any jurisdiction over them. (George v. Williamson, 26 Mo. 193; McLaughlin v. McLaughlin, 16 Mo. 242.) To perfect the right of creditors to set a deed aside, they must first exhaust the personal estate.
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Appeal from St. Louis Circuit Court. I. The Probate Court of St. Louis has no equitable jurisdiction. The premises convoyed by trustee Dick to LeBeaume, however fraudulent the deed, formed no part of C. Zelina Fremon’s estate at the time of her death, nor had the Probate Court any jurisdiction over them. (George v. Williamson, 26 Mo. 193; McLaughlin v. McLaughlin, 16 Mo. 242.) To perfect the right of creditors to set a deed aside, they must first exhaust the personal estate. (Bird v. Boldue, 1 Mo. 701; Moffit v. Ingham, 7 Dana, 495.) II. The administrator of C. Zelina Fremon could not…
1Opinion of the CourtCurrier, Judge
This is a petition in equity filed by tho plaintiffs, who are creditors of C. Zelina Eremon, deceased, against Louis A. LeBeaume, trustee of said deceased, and also of her children, who are joined with said LeBeaume as co-defendants. The object of the petition is to subject certain real estate described therein to the payment of tho indebtedness of said C. Zelina Eremon to the plaintiffs, said indebtedness having been reduced to judgment in the lifetime of said Eremon. This judgment was duly allowed and classed by the Probate Court as a claim against her estate. The petition charges that said…
2Cases cited6 opinions
- George v. WilliamsonSupreme Court of Missouri · 1858
- Greenway v. ThomasIllinois Supreme Court · 1853
- McDowell v. CochranIllinois Supreme Court · 1849
- McLaughlin v. McLaughlin's AdministratorSupreme Court of Missouri · 1852
- State Bank v. EllisSupreme Court of Alabama · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Ziska v. ZiskaSupreme Court of Oklahoma · 1908
- Roan v. WinnSupreme Court of Missouri · 1887
- Humphreys v. Atlantic Milling Co.Supreme Court of Missouri · 1889
- Turner v. AdamsSupreme Court of Missouri · 1870
- Coffey v. Norwood & NorwoodSupreme Court of Alabama · 1886
41 more not listed; retrieve them via the Exa API.