Camden v. Plain
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Hon. Noah M. G-ivam, JucUje. (1) The land of a decedent cannot be sold, except •when the personal estate is insufficient to pay debts existing at the time of his decease. ' Aubuchon v. Lory, 23 Mo. 99; Farrar v. Dean, 24 Mo. 16; Wright v. Chambers, 24 Mo. 482; Trustees v. McElhaney, 61 Mo. 541; Rithey v. Withers, 72 Mo. 556; Bollinger r>. Kelly., 85 Mo. 561; Ferguson, Adm’r, v. Carson’s Adm’r, 86 Mo. 673. (2) The application for the sale…
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Appeal from Cass Circuit Court. — Hon. Noah M. G-ivam, JucUje. (1) The land of a decedent cannot be sold, except •when the personal estate is insufficient to pay debts existing at the time of his decease. ' Aubuchon v. Lory, 23 Mo. 99; Farrar v. Dean, 24 Mo. 16; Wright v. Chambers, 24 Mo. 482; Trustees v. McElhaney, 61 Mo. 541; Rithey v. Withers, 72 Mo. 556; Bollinger r>. Kelly., 85 Mo. 561; Ferguson, Adm’r, v. Carson’s Adm’r, 86 Mo. 673. (2) The application for the sale must affirmatively show that the facts exist which authorize the sale. Beal v. Harmon, 38 Mo. 435 ; Strouse v. Drennon, 41…
1Opinion of the CourtBrace, J.
This is an action in ejectment for one hundred and twenty acres of land in Cass county, Missouri, commenced in the circuit court of said county on the twenty-fifth of February, 1884; the plaintiffs claim as heirs at law of their grandfather, William EL Camden, who died intestate a short time prior to the twelfth of March, 1867, seized in fee-simple of the premises, leaving surviving him three children, his only heirs, one of whom, Lewis Camden, died prior to the first day of October, 1884, leaving plaintiffs his only children and heirs at law ; the plaintiff, George, was bom February 29,…
2Cases cited5 opinions
- Henry v. McKerlieSupreme Court of Missouri · 1883
- Jones v. ManlySupreme Court of Missouri · 1875
- Teverbaugh v. HawkinsSupreme Court of Missouri · 1884
- Fenix v. Fenix's AdministratorSupreme Court of Missouri · 1883
- Moore v. DavisSupreme Court of Missouri · 1885
3Cited by20 opinions
- Price v. Springfield Real-Estate Ass'nSupreme Court of Missouri · 1890
- Rottmann v. SchmuckerSupreme Court of Missouri · 1887
- Sherwood v. BakerSupreme Court of Missouri · 1891
- Stark v. KirchgraberSupreme Court of Missouri · 1905
- National Board of Christian Women's Board of Missions of Christian Church v. FrySupreme Court of Missouri · 1922
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