State ex rel. Midgett v. Matson
Supreme Court of Missouri
Error to Fifth District Court. Benson was principal, and Campbell and Mills were securities on his bond as administrator. This suit was brought by plaintiffs, as heirs, against Matson, as administrator of Benson, and Mills and the heirs of Campbell, for breach of the administration bond, by reason of the failure of Benson to account for moneys in his hands. The suit was commenced eight years after Benson’s final settlement.
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Error to Fifth District Court. Benson was principal, and Campbell and Mills were securities on his bond as administrator. This suit was brought by plaintiffs, as heirs, against Matson, as administrator of Benson, and Mills and the heirs of Campbell, for breach of the administration bond, by reason of the failure of Benson to account for moneys in his hands. The suit was commenced eight years after Benson’s final settlement. ( Vide, also, opinion of the court.) The defendants in error, by dismissing their suit against the Campbell heirs, after demurrer sustained as to them, thereby released…
1Opinion of the CourtWagner, Judge
The pleadings in this case are somewhat confused and inartificially drawn; but the real merits of the controversy are involved in two points, which need only be noticed. These are: first, whether the heirs could prosecute the suit on the administrator’s bond before order of distribution made by the County Court; and, second, whether the release of Campbell’s heirs, whose ancestor was one of the sureties on the administration bond, operated as a release of Mills, who was the co-security. There is some conflict in the previous decisions of this court in regard to the right of the heirs to…
2Cases cited6 opinions
- Dodd v. WinnSupreme Court of Missouri · 1858
- State ex rel. Coste v. FultonSupreme Court of Missouri · 1864
- State ex rel. Ingram v. MortonSupreme Court of Missouri · 1853
- Routon's Administrators v. LacySupreme Court of Missouri · 1853
- State ex rel. Adams v. CampbellSupreme Court of Missouri · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
- Scott v. CrewsSupreme Court of Missouri · 1880
- Troyer v. WoodSupreme Court of Missouri · 1888
- Green v. TittmanSupreme Court of Missouri · 1894
- Morehouse v. WareSupreme Court of Missouri · 1883
11 more not listed; retrieve them via the Exa API.