Price v. Reed
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. See brief of respondent in Price, respondent, v. Reed, appellant, ante, p. 589 (1) The prayer for affirmative relief in the answer was proper under the Code. Rem. and Rem.
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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. See brief of respondent in Price, respondent, v. Reed, appellant, ante, p. 589 (1) The prayer for affirmative relief in the answer was proper under the Code. Rem. and Rem. Rights, Pomeroy, secs. 91-97; Townsend v. Meagher, 44 Mo. 356. (2) At the death of John Y. Pearson, the land descended to the wife, absolutely, and for her and her children’s joint use, till the youngest child became of age, hence the administrator’s sale of said land, from which Walker derived his title, was void. R. S. 1865, sec. 5, p. 450; Rogers v.…
1Opinion of the Court
Smith, P. J. —
Prom the judgment of the circuit court in this case both the plaintiff and the defendant have prosecuted separate appeals to this court.
To the opinion, delivered in that branch of the case in which defendant appealed, is prefixed rather an extended statement of the nature of the whole case which doubtless will be found sufficient to a correct understanding of the principles which have been applied in disposing of these appeals. The plaintiff by his appeal assails the decree staying and restraining the issue of execution upon the judgment until he execute and file with the clerk…
2Cases cited5 opinions
- Crawford v. EdwardsMichigan Supreme Court · 1876
- Figart v. HaldermanIndiana Supreme Court · 1881
- Martin v. NixonSupreme Court of Missouri · 1887
- Benedict v. HuntSupreme Court of Iowa · 1871
- Weber v. ZeimetWisconsin Supreme Court · 1872