Legal Opinion

Eoff v. Thompkins

Supreme Court of Missouri

Decided October 15, 1877PublishedCited by 5 opinions

Error to St. Louis Court p/ Appeals. Ejectment, brought by plaintiff' as devisee under the will of Mrs. Long. Defendant was tenant in possession and had leased the premises in controversy from one Bushile, executor of Mrs. Long. The -lease was made under the order of the probate court of St. Louis county. An executor, as such, cannot maintain or defend in • ejectment.

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Error to St. Louis Court p/ Appeals. Ejectment, brought by plaintiff' as devisee under the will of Mrs. Long. Defendant was tenant in possession and had leased the premises in controversy from one Bushile, executor of Mrs. Long. The -lease was made under the order of the probate court of St. Louis county. An executor, as such, cannot maintain or defend in • ejectment. Burclyne v. Mackey’s ex’r, 7 Mo. 374. He takes no interest in the real estate of his testator, but the naked power to sell to pay debts after the personal assets are exhausted. Aubuchon v. Lory, 23 Mo. 99 ; Chambers v. Wright,…

1Opinion of the Court

Sherwood, C. «J.

— The circuit court held that inasmuch as the probate court had ordered the executor to lease the land in question, and the executor complied with the order, this was a bar to the ejectment prosecuted by the plaintiff devisee under the will of the former owner.:"We are clear that this ruling, affirmed as it was, both in genera], term and by the court of appeals, was correct. The statute expressly authorizes executors, &c., to lease the real estate of their decedents, when so directed by compe*226tent authority, and to receive and collect the rents. 1 Wag. Stat., p. 89, § 48.

When a…

2Cases cited2 opinions

  1. Burdyne v. MackeySupreme Court of Missouri · 1842
  2. Rector v. RankenSupreme Court of Missouri · 1823

3Cited by5 opinions

  1. Territory of Oklahoma v. RichardsonSupreme Court of Oklahoma · 1900
  2. Clapper v. ChandlerMissouri Court of Appeals · 1966
  3. Seibert v. HardenSupreme Court of Missouri · 1928
  4. Rollins v. ShanerSupreme Court of Missouri · 1927
  5. St. Louis National Bank v. FieldSupreme Court of Missouri · 1900

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