Matson v. Pearson
Missouri Court of Appeals
Appeal from Louisiana Court of Common Pleas —Eon. David H. Eby, Judge. (1) An estate can only be bound, by a contract of the executor for necessary services, actually performed by an attorney, for, and beneficial to, the estate. Grove v. Reynolds, 100 Mo. App. 59; Nichols v. Reybourn, 55 Mo. App. 5; State ex rel. v. Walsh, 67 Mo. App. 853. (2) There can be but one compensation for the sale of real estate, which is the commission fixed by the statute.
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Appeal from Louisiana Court of Common Pleas —Eon. David H. Eby, Judge. (1) An estate can only be bound, by a contract of the executor for necessary services, actually performed by an attorney, for, and beneficial to, the estate. Grove v. Reynolds, 100 Mo. App. 59; Nichols v. Reybourn, 55 Mo. App. 5; State ex rel. v. Walsh, 67 Mo. App. 853. (2) There can be but one compensation for the sale of real estate, which is the commission fixed by the statute. Jacobs v. Jacobs, 99 Mo. 436, 437; Stephens v. Cassity, 104 Mo. App. 212; In re Garrison v. Trust Co. 77 Mo. App. 336; R. S. 1899, sec. 222. (3)…
1Opinion of the CourtNortoni, J.
(after stating the facts) — 1. The court refused the defendant’s request for a jury. The defendant maintains that this is an action at law and therefore he was entitled to the verdict of a jury on the issues. Contra to this, the . plaintiffs maintain that the suit is in equity and therefore the court properly refused the request for a jury. From the allegations and prayer of the bill, it is obvious that the pleader intended to and does seek equitable relief, hence the question arises whether or not a court of equity has jurisdiction to entertain the bill on the facts stated. It is determined…
2Cases cited49 opinions
- Bostwick v. . BeachNew York Court of Appeals · 1886
- Heirs of Adams v. AdamsSupreme Court of Vermont · 1849
- Miller v. WoodwardSupreme Court of Missouri · 1843
- Gamble v. GibsonSupreme Court of Missouri · 1875
- Titterington v. HookerSupreme Court of Missouri · 1875
44 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Gow v. MauryMontana Supreme Court · 1923
- Scott v. RoystonSupreme Court of Missouri · 1909
- In Re Estate of MillsSupreme Court of Missouri · 1942
- Lemp Brewing Co. v. SteckmanMissouri Court of Appeals · 1914
- Bogue v. SachsSouth Dakota Supreme Court · 1941
15 more not listed; retrieve them via the Exa API.