Legal Opinion

Ayres v. King

Supreme Court of Missouri

Decided March 29, 1902No. 1PublishedCited by 8 opinions

Appeal from Pike Circuit Court. — -Ron. D. II. Eby, Judge* (1) James E. King being indebted to his brother, Joseph L. King, at the time of the death of 'the latter in a sum largely in excess of what would, have been his share of the estate of his deceased brother, had no interest in the real estate and other property and effects owned by the deceased, and plaintiff did not acquire any interest therein by his alleged levy, sale and purchase. Ford v. Talmage, 36-Mo.

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Appeal from Pike Circuit Court. — -Ron. D. II. Eby, Judge* (1) James E. King being indebted to his brother, Joseph L. King, at the time of the death of 'the latter in a sum largely in excess of what would, have been his share of the estate of his deceased brother, had no interest in the real estate and other property and effects owned by the deceased, and plaintiff did not acquire any interest therein by his alleged levy, sale and purchase. Ford v. Talmage, 36-Mo. App. 72; Eord, Admr. v. O’Donnell, 40 Mo. App. 59; Hopkins, Admr. v. Thompson, 73 Mo. App. 401; Lietman’s Executors v. Lietman,…

1Opinion of the CourtValliant, J.

— Suit for partition of an interest in land owned by Joseph L. King, deceased, in his lifetime, who died intestate leaving as his heirs at law his brothers and sisters who are defendants, and a brother, James E. King. The plaintiff recovered a judgment for $7,904.93 against James E. King and, shortly after the death of Joseph L. King, caused the undivided interest of James E., which he inherited from his brother Joseph, to be sold under execution on the judgment, and at such sale the plaintiff became the purchaser of that interest.

The answer of the defendants, the other brothers and sisters…

2Cases cited2 opinions

  1. Winkler v. LietmanSupreme Court of Missouri · 1899
  2. Duffy v. DuffySupreme Court of Missouri · 1900

3Cited by8 opinions

  1. Stenson v. H. S. Halvorson Co.North Dakota Supreme Court · 1914
  2. Stanley v. United States National BankOregon Supreme Court · 1924
  3. Leach v. ArmstrongMissouri Court of Appeals · 1941
  4. Old v. HeibelSupreme Court of Missouri · 1944
  5. Stuber v. HarlanMissouri Court of Appeals · 1937

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