McIlwrath v. Hollander
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. 1. The “ proceeding ” in the circuit court under the statute to contest the validity of a will on the part of an heir at law against the devisee of real estate in such will, is a “ Us pendens ” as to all purchasers pendente lite. Garth v. Ward, 2 Atkyns 174; 2 Mad. Ch., (4 Am. Ed.) $26; S. C. Barn. 450; Hilliard on Vendors, (2 Ed.) 511; 3 Barnard.
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Appeal from Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. 1. The “ proceeding ” in the circuit court under the statute to contest the validity of a will on the part of an heir at law against the devisee of real estate in such will, is a “ Us pendens ” as to all purchasers pendente lite. Garth v. Ward, 2 Atkyns 174; 2 Mad. Ch., (4 Am. Ed.) $26; S. C. Barn. 450; Hilliard on Vendors, (2 Ed.) 511; 3 Barnard. Ch., 450. 2. A conveyance of said real estate, by said devisee, made pending said suit, will be held subject to such judgment as the court may ultimately render in such cause;…
1Opinion of the CourtTIoush, J.
This was an action of ejectment. Both parties claim title under John Cowgill, who, on March 25th, 1865, died seized .of the land sued for, leaving a will by which he devised the same to Rachel and Henry Cowgill, which will was duly admitted to'probate in the probate court of Livingston county on the 30th day of March, 1868. On the 29th day of- October, 1868, Jeremiah Tingley and others instituted proceedings, under the statute, in the Livingston county circuit court against Rachel Cow-gill and Henry Cowgill, and others, to set aside said will, and the process issued therein against Rachel and…
2Cases cited16 opinions
- Tilton v. CofieldSupreme Court of the United States · 1876
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
- Landes v. PerkinsSupreme Court of Missouri · 1848
- Lamb v. HelmSupreme Court of Missouri · 1874
- Turner v. BabbSupreme Court of Missouri · 1875
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Lilly v. TobbeinSupreme Court of Missouri · 1890
- Byrne v. ByrneSupreme Court of Missouri · 1921
- Hazen v. WebbSupreme Court of Kansas · 1902
- Rosenheim v. HartsockSupreme Court of Missouri · 1886
- Johnson v. BrewnSupreme Court of Missouri · 1919
8 more not listed; retrieve them via the Exa API.