Tyler v. Priest
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. Leroy B.. Valliant, Judge. The personalty of Isaac Walker’s estate was exhausted long prior to notice of the claim of plaintiff. The funds in the administrator’s hands, must be distributed among the devisees whose realty contributed to the payment of the Houghan - dower, according to their respective interests. McLeod v. Davis, 83 Ind. 263; Yirdwell v. Yirdwell, 84 Ind. 224; Towle v. Bwanzy, 106 Mass. 100 ; Heir v. Priest, 15 Mo.
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Appeal from the St. Louis Circuit Court, Hon. Leroy B.. Valliant, Judge. The personalty of Isaac Walker’s estate was exhausted long prior to notice of the claim of plaintiff. The funds in the administrator’s hands, must be distributed among the devisees whose realty contributed to the payment of the Houghan - dower, according to their respective interests. McLeod v. Davis, 83 Ind. 263; Yirdwell v. Yirdwell, 84 Ind. 224; Towle v. Bwanzy, 106 Mass. 100 ; Heir v. Priest, 15 Mo. App. 591. Heirs of a warrantor are liable pro rata for breach of the ancestor’s covenant of warranty. A judgment cannot…
1Opinion of the CourtThompson, J.
The plaintiff recovered a judgment against John Q-. Priest, administrator de bonis non, cum testamento annexo, of the estate of Isaac Walker, deceased, in the circuit court of the city of St. Louis, on the twenty-eighth of October, 1885, for the sum of $1,389.02. The action which resulted in the recovery of this judgment was commenced on the twelfth of August, 1884. It was brought under section 191, Revised Statutes, to establish in the circuit court a demand against the estate of Isaac Walker, deceased. This demand consisted of the payment by the plaintiff of two instalments of money to a…
2Cases cited12 opinions
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Pearce v. CalhounSupreme Court of Missouri · 1875
- Lewis v. CarsonSupreme Court of Missouri · 1887
- Ritchey v. WithersSupreme Court of Missouri · 1880
- State ex rel. Koch v. RoeperSupreme Court of Missouri · 1884
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