Hopkins v. Thompson
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — Hon. Henry Lamm, Special Judge. (1) The court erred in finding for plaintiffs, as under the pleadings and evidence the decree should have been for the defendants.
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Appeal from the Pettis Circuit Court. — Hon. Henry Lamm, Special Judge. (1) The court erred in finding for plaintiffs, as under the pleadings and evidence the decree should have been for the defendants. (2) The proceeds of the sale of the land in question, under the Rissler deed of trust, in the hands of the trustee, after the discharge of the mortgage debt, was real estate, and one half of such surplus proceeds was subject to the lien of defendants’ judgment against said James S. Hopkins. Jewell v. Knettle, 39 Mo. App. 262; Pococke v. Pococke, 2 Mo. App. 118; In re Estate of Lloyd, 44 Mo.…
1Opinion of the CourtSmith, P. J.
Mary S. Hopkins died intestate leaving surviving as her heirs at law, her father, Jas. S. Hopkins, and her sister, Cora Y. Hopkins. Her entire estate consisted of five hundred and seventeen acres of land. Thomas S. Hopkins, plaintiff, was appointed administrator of her estate. The intestate was hound as surety for her father on various notes amounting to nearly $10,000 which notes were allowed against her estate. There being no sufficient personal assets with which to discharge said debts, two hundred and sixty acres of the intestate’s land were sold by the administrator under an order of the…
2Cases cited15 opinions
- Smith v. KearneyNew York Court of Chancery · 1848
- Koons v. MellettIndiana Supreme Court · 1889
- Foltz v. WertIndiana Supreme Court · 1885
- Ruch v. BieryIndiana Supreme Court · 1887
- Fiscus v. MooreIndiana Supreme Court · 1890
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3Cited by11 opinions
- In Re Estate of FerrisSupreme Court of Iowa · 1944
- Woods v. KnottsSupreme Court of Iowa · 1923
- Lester v. TooleCourt of Appeals of Georgia · 1917
- Senneff v. BrackeySupreme Court of Iowa · 1914
- State Ex Rel. Enyart v. DoudMissouri Court of Appeals · 1925
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