Legal Opinion

White v. Drew

Supreme Court of Missouri

Decided October 15, 1868PublishedCited by 5 opinions

Error to Sixth District Court. This ¿ase originated in the Marion Circuit Court. The facts will be found stated in the opinion of the court.' The only question in this case is as to the propriety of the. action of the Circuit Court in refusing to order payment of the $939.63, plaintiffs’ net share of the rents and profits taken by the ancestor of the defendants out of that part of the proceeds of the sale of the land represented by the defendants in error.

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Error to Sixth District Court. This ¿ase originated in the Marion Circuit Court. The facts will be found stated in the opinion of the court.' The only question in this case is as to the propriety of the. action of the Circuit Court in refusing to order payment of the $939.63, plaintiffs’ net share of the rents and profits taken by the ancestor of the defendants out of that part of the proceeds of the sale of the land represented by the defendants in error. A double relation existed between Diw, the deceased, and the plaintiffs. They were tenants in common of the land; and he was trustee, and…

1Opinion of the CourtBaker, Judge

The plaintiffs are the only surviving children and heirs at law of Obed M. White, who died in 1888 intestate, leaving a small estate in Marion county. Joseph Drew, now deceased, became administrator of said estate in 1847, and shortly afterward purchased a tract of land situated in said county, for which he paid $1,590 a part of the purchase money, $950, was funds belonging to said estate. The land was conveyed to him as in his own right, and he took possession of it at the time of the purchase, and continued to occupy and use it until his death, which occurred in 1866. The rents and profits,…

2Cases cited2 opinions

  1. Hannan v. OsbornNew York Court of Chancery · 1834
  2. Taylor v. BaldwinNew York Supreme Court · 1851

3Cited by5 opinions

  1. Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
  2. Merket v. SmithSupreme Court of Kansas · 1885
  3. Evans v. MorrisSupreme Court of Missouri · 1911
  4. Lazarus v. LazarusHawaii Supreme Court · 1900
  5. Mathews v. CodySupreme Court of Georgia · 1878

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