Titterington v. Hooker
Supreme Court of Missouri
Error to Laclede Circuit Court. I. An estate by descent renders the heir liable for the debts of his ancestor to the value of the property descended, and he holds the land subject to the payment of the ancestor’s debts. (Metcalf vs. Smith’s heirs, 40 Mo., 572; 4 Kent. Com. [12th Ed.], 419 ; Man Weazel vs. "Wycoff, 3 Sandf. Ch., 528; Thompson vs. Brown, 4 John.
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Error to Laclede Circuit Court. I. An estate by descent renders the heir liable for the debts of his ancestor to the value of the property descended, and he holds the land subject to the payment of the ancestor’s debts. (Metcalf vs. Smith’s heirs, 40 Mo., 572; 4 Kent. Com. [12th Ed.], 419 ; Man Weazel vs. "Wycoff, 3 Sandf. Ch., 528; Thompson vs. Brown, 4 John. Ch., 619; Clark vs. Hugh, 52 111., 427; 2 Spence Eq., 388.) I. It is manifest upon the face of the petition that plaintiff had anadequate and ample remedy at law. (Wagn. Stat., 100, § 47.) All he had to do was to call the attention of…
1Opinion of the CourtHough, Judge
This cause was heard at the November term, 1872, of the Laclede Circuit Court, on a demurrer to the following per tion:
Plaintiff states that he is the administrator of the estate of Lemuel Elam, deceased, late of said county, and that letters of administration were duly granted him by the County Court of said county, and that the defendants, Eugene Hooker and Eunice Hooker, are the heirs at law, and only heirs at law, of W. A. Hooker, deceased, late of said Laclede county, who died intestate, and as such heirs at law they are the owners in fee simple, subject to the dower of their mother, of…
2Cases cited4 opinions
- Thompson v. BrownNew York Court of Chancery · 1820
- Butts & Havens v. GenungNew York Court of Chancery · 1835
- Metcalf v. LarnedSupreme Court of Missouri · 1867
- Langham v. DarbySupreme Court of Missouri · 1850
3Cited by36 opinions
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Collamore v. WilderSupreme Court of Kansas · 1877
- Scott v. RoystonSupreme Court of Missouri · 1909
- Hammons v. RenfrowSupreme Court of Missouri · 1884
- Pearce v. CalhounSupreme Court of Missouri · 1875
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