Mayberry v. McClurg
Supreme Court of Missouri
Appeal from Hickory Circuit Court. The demands which can be legally presented for allowance, under the statutory notice to the adminstrator, arise on contract alone, either express or implied, or upon a judgment obtained for the same. And for trespasses to property the damage must be first ascertained.
Read the full summary
Appeal from Hickory Circuit Court. The demands which can be legally presented for allowance, under the statutory notice to the adminstrator, arise on contract alone, either express or implied, or upon a judgment obtained for the same. And for trespasses to property the damage must be first ascertained. The reading of the statute implies this construction :— 1st. Any person may exhibit his demand against the estate, by serving on the executor or administrator a notice in writing stating the amount and nature of the claim, with a copy of the instrument of writing or account on which the claim…
1Opinion of the CourtEwing, Judge
This is a proceeding in equity to set aside an order of allowance, made by the County Court of Hickory County, in 1870, in favor of J. W. McClurg and Marshall W. Johnson, against the estate of John Mayberry, deceased, and to set aside certain orders and sale of real estate, and the deeds duly executed to McClurg under said sales. The petition charges in substance, that the said J. W. McClurg and Marshall W. Johnson combining and confederating with one, Jas. R. Wilson, the administrator of Mayberry’s estate, to cheat and defraud plaintiffs, the heirs of said deceased, on or about the 11th day…
2Cases cited5 opinions
- Vedder v. VedderCourt for the Trial of Impeachments and Correction of Errors · 1845
- Tucker v. TuckerSupreme Court of Missouri · 1860
- Miles v. JonesSupreme Court of Missouri · 1859
- Harris v. SandersSupreme Court of Missouri · 1866
- Moore v. BrownSupreme Court of Missouri · 1851
3Cited by20 opinions
- Brown v. TrentSupreme Court of Oklahoma · 1912
- Cross v. GouldMissouri Court of Appeals · 1908
- Alabama Hotel Co. v. J. L. Mott Iron WorksSupreme Court of Florida · 1923
- Stewart v. CaldwellSupreme Court of Missouri · 1874
- Bergin v. HaightCalifornia Supreme Court · 1893
15 more not listed; retrieve them via the Exa API.