Wilks v. Murphy
Missouri Court of Appeals
Appeal from Adair Circuit Court, Hon. Andrew Ellison, Judge. The facts are stated in the opinion. I. The allowance of the demand in favor of D. W. Alexander against the estate of Jamama Alexander, of which Wilks was administrator, was a judgment, and is res adjudicata, as far as the parties thereto, and the parties in the case are concerned. Kennedy r. Shepley, 15 Mo. 640 ; Dullard v. Hardy, 47 Mo. 403. II.
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Appeal from Adair Circuit Court, Hon. Andrew Ellison, Judge. The facts are stated in the opinion. I. The allowance of the demand in favor of D. W. Alexander against the estate of Jamama Alexander, of which Wilks was administrator, was a judgment, and is res adjudicata, as far as the parties thereto, and the parties in the case are concerned. Kennedy r. Shepley, 15 Mo. 640 ; Dullard v. Hardy, 47 Mo. 403. II. Petitioner, Wilks, as administrator of the estate •of Jamama Alexander, has no interest in this case, and is not a proper party. Gardner v. Armstrong, 31 Mo. .535. III. DeFrance, the…
1Opinion of the CourtPhilips, P. J.
The estate of Jamama Alexander was indebted to David W. Alexander and Sarah E. Alexander jointly. They applied to an attorney to prepare this claim for allowance against said estate; and, as is now claimed, it was suggested and agreed upon between them that said Sarah should assign her interest in the ■claim to said David Alexander. David made the requisite statutory affidavit, and the claim was duly presented and probated in his name. Aside from an allowance for funeral expenses, this was the only demand against the estate. After the demand on account of the funeral expenses had been paid,…
2Cases cited4 opinions
- Jones v. BrinkerSupreme Court of Missouri · 1854
- Smith v. SimsSupreme Court of Missouri · 1883
- Peake v. ReddSupreme Court of Missouri · 1851
- Bassett v. SlaterSupreme Court of Missouri · 1883
3Cited by1 opinion
- State ex rel. Kelly v. Probate Court ofSupreme Court of Minnesota · 1901