State ex rel. Deems v. Holtcamp
Supreme Court of Missouri
Prohibition. (1) The petition of Augustus Ross, administrator, as filed in the probate court, is in such form that it is difficult to tell whether he asks the sale to pay indebtedness against the estate, or whether he seeks to obtain the sale by virtue of the provisions of Sec. 147, R. S. 1909. If the former, the court is clearly without jurisdiction to order the sale; first, for the reason that there are no debts proven against the estate, remaining unpaid; and second,…
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Prohibition. (1) The petition of Augustus Ross, administrator, as filed in the probate court, is in such form that it is difficult to tell whether he asks the sale to pay indebtedness against the estate, or whether he seeks to obtain the sale by virtue of the provisions of Sec. 147, R. S. 1909. If the former, the court is clearly without jurisdiction to order the sale; first, for the reason that there are no debts proven against the estate, remaining unpaid; and second, because no notice has been given or publication had, as is required by statute. R. S. 1909, Secs. 150, 151, 152; Church v.…
1Opinion of the CourtBrown, J.
— Relators petition for a writ of prohibition against the respondents on the ground that the probate court is proceeding without jurisdiction in the matter related below. The following facts appear from the petition and return thereto:
A-rrna Deems Ross died intestate, without issue, in the city of St. Louis, in April, 1909. At the time of her death she owned five parcels of real estate in that city, each one of which was incumbered by a deed of trust to secure certain promissory notes executed by her jointly with her husband.' In April, 1909, letters <of administration on her estate were…
2Cases cited5 opinions
- State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
- Thomasson v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1909
- State ex rel. Mosconi v. MaroneySupreme Court of Missouri · 1905
- Howard v. BrownSupreme Court of Missouri · 1906
- Garrett v. BicknellSupreme Court of Missouri · 1877
3Cited by14 opinions
- Beckmann v. BeckmannSupreme Court of Missouri · 1949
- Rawlings v. RawlingsSupreme Court of Missouri · 1933
- Clapper v. ChandlerMissouri Court of Appeals · 1966
- Estate of Dildine v. DeHartSupreme Court of Missouri · 1922
- State ex rel. Davis v. EllisonSupreme Court of Missouri · 1919
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