Brown's Administrator v. Finley
Supreme Court of Missouri
jError to Saline- Circuit Court. 1. No demand was necessary. The rule is, that no demand is necessary where the defendant’s possession or detainer is'wrongful as against the party suing, or, where there is an assertion of right hostile to the plaintiff’s claim. Jones v. Henry & Boggs, 3 Litt. 50. Boggess v. Boggess, 6 Munf.. 486. 2 Haywood (N. C.) 136. Ib. 186. Selwyn’s N. P., tit.
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jError to Saline- Circuit Court. 1. No demand was necessary. The rule is, that no demand is necessary where the defendant’s possession or detainer is'wrongful as against the party suing, or, where there is an assertion of right hostile to the plaintiff’s claim. Jones v. Henry & Boggs, 3 Litt. 50. Boggess v. Boggess, 6 Munf.. 486. 2 Haywood (N. C.) 136. Ib. 186. Selwyn’s N. P., tit. “Detinue, Replevin.”-1 Bibb, 189. If the Circuit Court decided correctly in permitting the administrator, under the circumstances proved, to stand in the shoes of the creditors, it is plain, that quoad the…
1Opinion of the CourtGamble, Judge
The plaintiff claims to recover the possession of the slaves as a part of the estate of his intestate, wrongfully withheld from him by the defendant. The defendant, who is the husband of the intestate’s daughter, claims the slaves as a gift to his wife by her father in his life-time. The plaintiff denies the right of the defendant under the alleged gift, on the ground that the intestate, at the time of making it, was largely indebted ; that many of those debts still exist, and that, at his death, his estate was insolvent.
The Circuit Court allowed the plaintiff to impeach the gift made by his…
2Cases cited3 opinions
- Osborne v. MossNew York Supreme Court · 1810
- Buehler v. GloningerSupreme Court of Pennsylvania · 1834
- Stewart v. KearneySupreme Court of Pennsylvania · 1837
3Cited by16 opinions
- Spooner's Adm'r v. Hilbish's Ex'orSupreme Court of Virginia · 1895
- George v. WilliamsonSupreme Court of Missouri · 1858
- Zoll v. SoperSupreme Court of Missouri · 1882
- Bank of Willow Springs v. LillibridgeSupreme Court of Missouri · 1927
- McCausland v. RalstonNevada Supreme Court · 1877
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