Perkins v. Goddin
Missouri Court of Appeals
Appeal from ■ Warren Circuit Court. — Hon. H. W. Johnson, Judge. (1) To make matters res adjudicata there must be a concurrence of the four conditions following: identity of the thing sued for, identity of the cause of action, identity of the persons and parties to the action, identity of the quality of the person for or against whom the claim is made. State to the use Henry Duncker v. Hollinshead, 83 Mo.
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Appeal from ■ Warren Circuit Court. — Hon. H. W. Johnson, Judge. (1) To make matters res adjudicata there must be a concurrence of the four conditions following: identity of the thing sued for, identity of the cause of action, identity of the persons and parties to the action, identity of the quality of the person for or against whom the claim is made. State to the use Henry Duncker v. Hollinshead, 83 Mo. App. 678. (2) Personal property passes to the administrator, and he alone, and not the heir, has the right of possession thereof, and can alone sue therefor, unless the probate court shall…
1Opinion of the CourtNortoni, J.
(after stating the facts). — On the undisputed evidence defendant Goddin occupied the lands under an arrangement whereby he was to pay Mrs. Grey one-half of one-third of the crops, after they were marketed, as rental, and the other one-sixth rental *438he owed to his brothers and sisters and himself. On the date of Mrs. Grey’s death the contract was in force, the crop matured and was being threshed that very day. Her interest therein was $262.18 1-2. Under the well-settled law of this State, on the death of a party, the personal property passes to the administrator, not to the heir, unless it be…
2Cases cited15 opinions
- Atchison, Topeka & Santa Fe Rld. v. Comm'rs of Jefferson Co.Supreme Court of Kansas · 1873
- Hughes v. MenefeeMissouri Court of Appeals · 1888
- Smith v. DennySupreme Court of Missouri · 1865
- Becraft v. LewisMissouri Court of Appeals · 1890
- State ex rel. Hounsom v. MooreMissouri Court of Appeals · 1885
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3Cited by8 opinions
- Drainage District No. 1 Reformed v. MatthewsSupreme Court of Missouri · 1950
- Hixson v. Kansas CitySupreme Court of Missouri · 1951
- Ferrell-Michael Abstract & Title Co. v. McCormacCourt of Appeals of Texas · 1915
- Green v. WahlSupreme Court of Oklahoma · 1925
- Betz v. Moore-Shenkberg Grocery Co.Supreme Court of Iowa · 1924
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