Cooper v. Duncan
Missouri Court of Appeals
Appeal from Osage Circuit Court, Hon. A. J. Seay, Judge. Statement of case by the court. D. C. Duncan, as administrator of the estate of John B. Cooper, deceased, sold certain real estate belonging to said deceased, pursuant to ■ the order of the probate court, for the payment of debts. James M. Cooper became the purchaser thereof at $2,625. He paid $1,200 of this amount, and died owing the balance.
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Appeal from Osage Circuit Court, Hon. A. J. Seay, Judge. Statement of case by the court. D. C. Duncan, as administrator of the estate of John B. Cooper, deceased, sold certain real estate belonging to said deceased, pursuant to ■ the order of the probate court, for the payment of debts. James M. Cooper became the purchaser thereof at $2,625. He paid $1,200 of this amount, and died owing the balance. The plaintiffs are the administrators of his estate and were appointed in June, 1877. In the following August (1877), the probate court made an order directing them to pay this balance. This…
1Opinion of the CourtEllison, J.
This is an action in equity to annul the classification of a judgment in the probate court of Osage county, which court had placed the judgment in the fifth class of demands. The action is based on the averment that the judgment of classification was entered through mistake and inadvertence, there being no allegation or proof of fraud.
The plaintiffs claim that the judgment was placed in the fifth class of demands, when it should have been in the sixth class; it being exhibited, as plaintiffs claim, more than one year after granting and publishing letters, of administration. Defendant…
2Cases cited4 opinions
- Johnson v. BeazleySupreme Court of Missouri · 1877
- Henry v. McKerlieSupreme Court of Missouri · 1883
- Smith v. SimsSupreme Court of Missouri · 1883
- Byerly v. DonlinSupreme Court of Missouri · 1880
3Cited by4 opinions
- Kalinick v. Collins Co.Supreme Court of Connecticut · 1932
- Kurzaji v. Warner and BowmanSupreme Court of Connecticut · 1927
- Whitecloud Milling & Elevator Co. v. ThomsonSupreme Court of Missouri · 1915
- Reavis v. ReavisMissouri Court of Appeals · 1909