Priest v. Deaver
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, W. H. Horner, Judge. The general judgment against the appellants was erroneous ; the judgment should have been special against the property descending. The debt of the ancestor is the debt of the heir only in respect of the property received by descent. Metcalf v. Smith, 40 Mo. 572; Rev. Stat., sect. 2337. The judgment against husbands of heirs was erroneous. Wadsworth v. Henderson, 16 Fed.
Read the full summary
Appeal from the St. Louis Circuit Court, W. H. Horner, Judge. The general judgment against the appellants was erroneous ; the judgment should have been special against the property descending. The debt of the ancestor is the debt of the heir only in respect of the property received by descent. Metcalf v. Smith, 40 Mo. 572; Rev. Stat., sect. 2337. The judgment against husbands of heirs was erroneous. Wadsworth v. Henderson, 16 Fed. Rep. 447-451. The cause should, for this reason, be reversed as to all. Rush v. Rush, 19 Mo. 441. Interest is not allowed, except by way of anticipation of a…
1Opinion of the CourtThompson, J.
This is an action of the same nature and between,, substantially, the same parties as the action which was before this court under the style of Walker's Admistrator v. Deaver (5 Mo. App. 139), and before the supreme court on a subsequent trial and appeal from a pro forma, judgment of this court, under the same style, in 79 Mo. 664. The only difference between this action and that is, that there has been a slight change in the parties defendant, and that the object of this action is to recover from the heirs of Larkin Deaver, deceased, according to their respective shares in his estate,…
2Cases cited12 opinions
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1856
- Kellogg v. MalinSupreme Court of Missouri · 1876
- Henderson v. Henderson's ExecutorsSupreme Court of Missouri · 1850
- Magwire v. RigginSupreme Court of Missouri · 1869
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Adams County Bank v. HainlineMissouri Court of Appeals · 1896
- Puckett v. National Annuity Ass'nMissouri Court of Appeals · 1908
- Leet v. GratzMissouri Court of Appeals · 1907
- Harris v. McLaughlinSupreme Court of Colorado · 1907
- Jones v. HaseltineMissouri Court of Appeals · 1907
2 more not listed; retrieve them via the Exa API.