Legal Opinion

Heath v. Tucker

Missouri Court of Appeals

Decided February 6, 1911Published

Appeal from Hickory Circuit Court. — Hon. O. H. &kinker} Judge. (1) The final settlement is conclusive of all matters embraced therein. May v. May, 189 Mo. 485; State ex rel. v. Carroll, 101 Mo. App. 110; Coulter v. Lyda, 102 Mo. App. 401; Park v. Jamison, 82 Mo. 552. (2) In any event the allowances were at least prima facie correct, and as they were not in the suit at bar attacked or shown to be unreasonable, should have been allowed. Ansley v. Richardson, 95 Mo.

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Appeal from Hickory Circuit Court. — Hon. O. H. &kinker} Judge. (1) The final settlement is conclusive of all matters embraced therein. May v. May, 189 Mo. 485; State ex rel. v. Carroll, 101 Mo. App. 110; Coulter v. Lyda, 102 Mo. App. 401; Park v. Jamison, 82 Mo. 552. (2) In any event the allowances were at least prima facie correct, and as they were not in the suit at bar attacked or shown to be unreasonable, should have been allowed. Ansley v. Richardson, 95 Mo. App. 332; State ex rel. v. Strickland, 80 Mo. App. 401; Clark v. Sinks, 144 Mo. 448; In re Meeker, 45 Mo. App. 186; Jacobs v.…

1Opinion of the CourtGray, J.

The plaintiff, on the 26th day of February, 1907, was, and for a long time prior thereto, had been engaged in the general merchandise business at the town of Weaubleau, in Hickory county, this state. He had become worried about his business affairs, and on said day conveyed his property to the defendant herein as assignee for the benefit of creditors. The property consisted largely of merchandise, and amounted to about $14,000, as shown by an inventory taken by the defendant as assignee, and was appraised at the value of $9-629.96, a sum largely in excess of the plaintiff’s debts. After…

2Cases cited3 opinions

  1. State ex rel. Jones v. JonesSupreme Court of Missouri · 1895
  2. Heath's AssignmentMissouri Court of Appeals · 1909
  3. Landon v. TuckerMissouri Court of Appeals · 1908

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