Metcalf v. Larned
Supreme Court of Missouri
Appeal from, St. Louis Circuit Court. Does the plaintiff, who is but the representative of the administrator, enjoy any greater advantages than the administrator himself ? The administrator did not claim the proceeds of the sale in partition. His sale of the land, if valid for any purpose, passed the title to the land. It certainly merged the debt and all pecuniary claim of Mrs. Tyler.
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Appeal from, St. Louis Circuit Court. Does the plaintiff, who is but the representative of the administrator, enjoy any greater advantages than the administrator himself ? The administrator did not claim the proceeds of the sale in partition. His sale of the land, if valid for any purpose, passed the title to the land. It certainly merged the debt and all pecuniary claim of Mrs. Tyler. Her conveyance to the plaintiff was her receipt for money to be claimed of the defendants in this suit. If her conveyance was good, and the theory of the plaintiff’s case be law, then, although an heir sells in…
1Opinion of the CourtWagner, Judge
In the year 1848 Thomas F. Smith died seized of a tract of land containing 640 acres, lying and being situate in the county of St. Louis; his estate was duly administered on, and the settlement of the administrator in March, 18^7, showed a balance in his hands of personal effects amounting to $817-52. In the year 1852 the defendants in this suit, who are heirs at law of Thomas F. Smith, united in a petition for partition of the land, and commissioners were appointed by the court, who reported that the land was not susceptible of division without prejudice; whereupon the court ordered the same…
2Cases cited6 opinions
- Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
- Murray v. BallouNew York Court of Chancery · 1815
- Fenwick v. GillSupreme Court of Missouri · 1866
- Owsley v. Heirs of SmithSupreme Court of Missouri · 1851
- Schwartz v. DrydenSupreme Court of Missouri · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Titterington v. HookerSupreme Court of Missouri · 1875
- South Missouri Lumber Co. v. WrightSupreme Court of Missouri · 1893
- Aiple-Hemmelmann Real Estate Co. v. SpelbrinkSupreme Court of Missouri · 1908
- Pearce v. CalhounSupreme Court of Missouri · 1875
11 more not listed; retrieve them via the Exa API.