Walker's Administrator v. Walker
Supreme Court of Missouri
Error to Cooper Circuit Court. This is a suit by the plaintiff, the public administrator of Cooper county, as administrator of the estate of Mary Walter, deceased, against Henry R. Walker, her surviving husband.
Read the full summary
Error to Cooper Circuit Court. This is a suit by the plaintiff, the public administrator of Cooper county, as administrator of the estate of Mary Walter, deceased, against Henry R. Walker, her surviving husband. Plaintiff asserts in his petition that defendant is in possession of sixteen thousand dollars in money, notes and accounts, belonging to his, plaintiff’s intestate, which he refuses to pay or deliver to plaintiff; that he is also in possession of certain slaves, jennies, jacks, horses, and- other personal property, enumerating it, belonging to said estate, which he also refuses to…
1Opinion of the CourtSoott, Judge
As to that portion of the personal property involved in this controversy, which consists of money, slaves, horses, jacks, jennies, cattle, &c., there is little room- to doubt the right of the defendant, both on the merits and on technical grounds. This is an action to recover damages for taking or withhold*375ing personal property. The plaintiff asserts a legal title to the property sued for. The evidencfe of that title is an alleged gift of the husband. Now nothing is clearer at law than that the wife can not be the recipiént "of a gift from the husband so as to vest in her a legal title to the…
2Cases cited4 opinions
- Hyde v. Curling & RobertsonSupreme Court of Missouri · 1847
- State ex rel. Jacobs v. HearstSupreme Court of Missouri · 1849
- Wood v. SimmonsSupreme Court of Missouri · 1855
- Pickett & Pickett v. Everett ex rel. YallalySupreme Court of Missouri · 1848
3Cited by14 opinions
- Hammons v. RenfrowSupreme Court of Missouri · 1884
- Woodford v. StephensSupreme Court of Missouri · 1873
- First National Bank v. SimpsonSupreme Court of Missouri · 1899
- Clark v. ClarkSupreme Court of Missouri · 1885
- Johns' EstateSupreme Court of Pennsylvania · 1916
9 more not listed; retrieve them via the Exa API.