Bassett v. Slater
Supreme Court of Missouri
Appeal from, Linn Circuit Court.—S. P. Huston, Esq., Special Judge. Appellant was appointed administrator of ¥m. II. Elliott on January 23rd, 1878, and made Ms first annual settlement February 18th, 1879, and the second February 12th, 1880, being the regular February term in each of said years. Respondents filed their petition in the office of the judge of the probate court, on April 15th, 1880, in vacation.
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Appeal from, Linn Circuit Court.—S. P. Huston, Esq., Special Judge. Appellant was appointed administrator of ¥m. II. Elliott on January 23rd, 1878, and made Ms first annual settlement February 18th, 1879, and the second February 12th, 1880, being the regular February term in each of said years. Respondents filed their petition in the office of the judge of the probate court, on April 15th, 1880, in vacation. It was heard by the court at the May term following, and the application asking for an order for the payment of respondents’ demand was denied. This ruling of the probate court was right,…
1Opinion of the Court
• Martin, C.
The merits of this case have been disposed of in the case of Bassett v. Elliott, 78 Mo. 525, in which it was held that a creditor, possessed of a judgment lien against the real estate of a deceased debtor, was entitled, as against the administrator selling said real estate under order of court, to have his judgment lien first satisfied from the proceeds of the sale, thus leaving the surplus only for distribution among the unsecured creditors.
The proceeding in this case was in the form of another application for an order on the administrator to pay a further sum on the same…
2Cases cited1 opinion
- Bassett v. Elliott's AdministratorSupreme Court of Missouri · 1883
3Cited by3 opinions
- Second National Bank v. BlauveltNew Jersey Superior Court Appellate Division · 1888
- Wilks v. MurphyMissouri Court of Appeals · 1885
- Tyler v. PriestMissouri Court of Appeals · 1888