State ex rel. Comfort v. Mason
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. A. M. Thayer, Judge. (1) When the relator was appointed administrator of the firm of Hill & Brown and took charge of the property in controversy as owner, exercising acts of dominion over it, the title vested in him by relation from the time of their delivery, on the principle of ratification. 1 Will.
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Appeal from St. Louis City Circuit Court. — Hon. A. M. Thayer, Judge. (1) When the relator was appointed administrator of the firm of Hill & Brown and took charge of the property in controversy as owner, exercising acts of dominion over it, the title vested in him by relation from the time of their delivery, on the principle of ratification. 1 Will. Ex’rs, 632 ; Evans v. Evans, 34 Law R. (Ch. Div). 597 ; Brown v. Lewis, 9 R. I. 497; Foster v. Bates, 12 M. & W. 226 ; Bodger v. Arch, 10 Exch. 333; Outlaw v. Farmer, 71 N. C. 31, 35; Alvord v. Marsh, 12 Allen, 603; 3 Will. Ex’rs, (Perkins’ Ed).…
1Opinion of the CourtNorton, C. J.
The facts disclosed by this record are as follows: That about the fifteenth of March, 1882, Eliza Hill and Augustus R. Brown entered into partnership for carrying on the wall-paper business in the city of St. Louis ; that both of said partners resided in the state of Tennessee, and that neither of them at any time gave their personal attention to said business, but appointed as their agents to represent them John "W. Hill and Charles M. Brown, who carried on the business in the name of Hill & Brown; that in October, 1882, Augustus R. Brown, one of the partners and principals, died, and after…
2Cases cited1 opinion
- Parker v. RodesSupreme Court of Missouri · 1883
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- Finke v. PikeMissouri Court of Appeals · 1892
- Spitz v. KerfootMissouri Court of Appeals · 1890
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