Mabary v. McClurg
Supreme Court of Missouri
Appeal from Hickory Circuit Court. — Hon. R. W. Eyan, Judge. This was a suit brought by the heirs of John Mabary, deceased, against Joseph W. McClurg, Marshall W. Johnson and E. B. Torbert, to set aside an allowance of $10,925 made by the county court of Hickory county sitting in probate, in 1865, in favor of E. B. Torbert & Co., a firm composed of- the above named defendants, and against the estate of said Mabary, and to set aside and annul certain sales of real estate made…
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Appeal from Hickory Circuit Court. — Hon. R. W. Eyan, Judge. This was a suit brought by the heirs of John Mabary, deceased, against Joseph W. McClurg, Marshall W. Johnson and E. B. Torbert, to set aside an allowance of $10,925 made by the county court of Hickory county sitting in probate, in 1865, in favor of E. B. Torbert & Co., a firm composed of- the above named defendants, and against the estate of said Mabary, and to set aside and annul certain sales of real estate made to said McClurg under the orders of said court to pay said allowance. The claim allowed was for goods alleged to have…
1Opinion of the CourtHenry, J.
In 1865 the defendants presented an account, and obtained an allowance, against the estate of John Mabary, deceased, for $10,925, in the county court of Hickory county, and, to satisfy the same, the administrator of said estate, Jas. R. Wilson, procured an order for the ■ sale of lands belonging to said estate, and sold them at *591private sale to the defendant McClurg. This suit was instituted by the heirs at law of said John Mabary to set aside said judgment and sale for fraud in procuring them, and the petition alleges that the administrator confederated with defendants to cheat and defraud…
2Cases cited3 opinions
- Henderson v. HendersonSupreme Court of Missouri · 1874
- Eck ex rel. Taylor v. HatcherSupreme Court of Missouri · 1874
- Cass County v. GreenSupreme Court of Missouri · 1877
3Cited by6 opinions
- Leeper v. BatesSupreme Court of Missouri · 1884
- Barber v. NunnSupreme Court of Missouri · 1918
- Purdy v. GaultMissouri Court of Appeals · 1885
- Bent v. LewisSupreme Court of Missouri · 1885
- Nelson v. HallMissouri Court of Appeals · 1904
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