Stark v. Kirchgraber
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The whole title was vested in defendant: First, by the conveyance by Sandy Jarrett; second, by the administrator’s deed to defendant. (2) The order of the probate court approving the sale 'by the administrator to defendant was a judgment that can not be attacked in a collateral proceeding. The same is final. Covington v. Chamblin, 156 Mo. 587. (3) This attack on same is collateral.
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Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The whole title was vested in defendant: First, by the conveyance by Sandy Jarrett; second, by the administrator’s deed to defendant. (2) The order of the probate court approving the sale 'by the administrator to defendant was a judgment that can not be attacked in a collateral proceeding. The same is final. Covington v. Chamblin, 156 Mo. 587. (3) This attack on same is collateral. (4) The judgments of probate courts are entitled to the same favorable presumptions as are accorded to courts of general jurisdiction, and are…
1Opinion of the CourtFox, J.
— This cause is here upon appeal from the Greene County Circuit Court.
On the twenty-fourth day of February, A. D. 1901, the respondents, as plaintiffs, filed in the circuit court of Greene county their petition in the above-entitled cause, which said petition, omitting caption and style of case, is as follows:
*636‘ ‘ Come now the plaintiffs and say that they are the children of Sandy and Huida Jarrett, deceased, and that at the time of the death of the said Huida Jarrett she was the owner in fee simple of four acres of land off of the west end of the north half of the northwest fractional quarter…
2Cases cited13 opinions
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- Adams v. CowlesSupreme Court of Missouri · 1888
- Liptrot v. HolmesSupreme Court of Georgia · 1846
- Small v. FieldSupreme Court of Missouri · 1890
- Turner v. ShawSupreme Court of Missouri · 1888
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3Cited by19 opinions
- Charles v. WhiteSupreme Court of Missouri · 1908
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- Wenzel v. WenzelMissouri Court of Appeals · 1955
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