Davidson v. Dockery
Supreme Court of Missouri
Appeal from Adair Circuit Court. —Hon. N. M. Shelton, Judge. (1) The petition avers plaintiff is a “creditor” and states the facts out of which the indebtedness arose. It also states the facts that as plainly show that now she is also a “purchaser subsequent” under a deed confirmed by the will of her father, deceased. The petition shows she is a daughter, but bases no claim to relief on that fact as an heir.
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Appeal from Adair Circuit Court. —Hon. N. M. Shelton, Judge. (1) The petition avers plaintiff is a “creditor” and states the facts out of which the indebtedness arose. It also states the facts that as plainly show that now she is also a “purchaser subsequent” under a deed confirmed by the will of her father, deceased. The petition shows she is a daughter, but bases no claim to relief on that fact as an heir. The relief asked is based on the facts of having been a creditor and by the deed and will having become a “purchaser subsequent.” A child or heir can be a creditor or a purchaser. A…
1Opinion of the CourtMarshall, J.
— This is a bill in equity to remove an alleged cloud on the title to two hundred arid forty-eight acres of land, in Adair county. The circuit court sustained the demurrers of certain of the defendants to the petition, the plaintiffs refused to plead further, judgment was entered for the defendants, and the plaintiffs appealed.
*690' The plaintiff Margaret Davidson is a daughter of John Howk, deceased, and the plaintiff James R. Davidson is her husband. There are about forty defendants. The defendant Thomas J. Dockery is the administrator of the estate of said John Howk. The defendant Charles L.…
2Cases cited16 opinions
- Merry v. FremonSupreme Court of Missouri · 1869
- Humphreys v. Atlantic Milling Co.Supreme Court of Missouri · 1889
- Crim v. WalkerSupreme Court of Missouri · 1883
- Mullen v. HewittSupreme Court of Missouri · 1890
- Thomas v. ThomasSupreme Court of Missouri · 1891
11 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Coleman v. HageySupreme Court of Missouri · 1913
- May v. GiblerSupreme Court of Missouri · 1928
- Hartman v. LauchliCourt of Appeals for the Eighth Circuit · 1956
- Daggs v. McDermottSupreme Court of Missouri · 1931
- Riggs v. PriceSupreme Court of Missouri · 1919
12 more not listed; retrieve them via the Exa API.