Loessing v. Loessing
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. — Ron. John Wesley Booth, Judge. STATEMENT OF THE CASE. The plaintiff presented a demand to the probate court for allowance against the estate of her deceased husband in the sum of two hundred and thirty-four dollars, which she claims was due to her as one-half of ,the total amount of rents collected by her husband in his lifetime upon a lease of the tract of land of which she and he were tenants in common.
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Appeal from St. Louis Circuit Court. — Ron. John Wesley Booth, Judge. STATEMENT OF THE CASE. The plaintiff presented a demand to the probate court for allowance against the estate of her deceased husband in the sum of two hundred and thirty-four dollars, which she claims was due to her as one-half of ,the total amount of rents collected by her husband in his lifetime upon a lease of the tract of land of which she and he were tenants in common. There was evidence tending to prove the facts upon which her claim is based. It was allowed by the probate court. Upon the appeal of the executor to…
1Opinion of the CourtBond, J.
It is insisted by the learned counsel for appellant, that the new trial granted by the lower court was error for the reason that upon the undisputed facts, respondent could not recover in this proceeding: First, because it pertains to a matter already adjudicated between the same parties in a court of competent jurisdiction; secondly, because the rents appropriated by the husband were used by him for family purposes, and, presumably, for the use of his wife with her *498assent, wherefore, she had no right to recover them from his estate. If appellant’s motions in this respect are correct and…
2Cases cited1 opinion
- Long v. MartinSupreme Court of Missouri · 1899
3Cited by3 opinions
- Spaulding v. City of EdinaMissouri Court of Appeals · 1904
- Fink v. McCueMissouri Court of Appeals · 1907
- Title Guaranty & Surety Co. v. DrennonMissouri Court of Appeals · 1914