Callahan v. Griswold
Supreme Court of Missouri
ERROR to Warren Circuit Court. 1. The judgments of the circuit Court of Franklin county, allowing the demands of Alexander McKinney against the estate of Robert Me-Kinn'ey, are conclusive in this proceeding.
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ERROR to Warren Circuit Court. 1. The judgments of the circuit Court of Franklin county, allowing the demands of Alexander McKinney against the estate of Robert Me-Kinn'ey, are conclusive in this proceeding. The Sth section of the 4th article of the act of 1835 concerning “Administration,” gives to the order of allowance of a demand against sn estate, the “force, and effect of a judgment j” and this is an attempt to impeach the judgment of a court of competent jurisdiction in a collateral proceeding; Montgomery vs. Farley & Robinson, 5 Mo. R. 233 5 Hawly vs. Mancius, 7 J. C. R. 174: Homer vs.…
1Opinion of the CourtNapton, J.
This was an application to the county court of Warren county, by the public administrator of said county, having in charge the estate of Robert McKinney deceased, for the sale of certain real estate, belonging to the heirs of said McKinney, to satisfy certain claims which had been previously allowed against the estate. Griswold, who had purchased the interest of several of the heirs, appeared in the court, and objected to the sale. Griswold also moved the court to rescind the order directing the public administrator to take charge of this estate, but the motion was overruled. The objections…
2Cited by4 opinions
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- Price v. ClevengerMissouri Court of Appeals · 1903
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