Vandeventer v. Florida Savings Bank
Missouri Court of Appeals
Appeal from Monroe Circuit Court. — Eon. David E. Eby, Judge. (1) Tlie power of an administrator or. executor to sell or dispose of tlie debts and evidences of debt of tbe estate of Ms intestate is limited and regulated by statute. Any such sale or disposition is void except to creditors, legatees and distributees in discharge of an amount of their claims equal to the amount of such debt or evidence of debt. Sec. 210, R. S. 1899 ; Marshall v. Myers, 96 Mo.
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Appeal from Monroe Circuit Court. — Eon. David E. Eby, Judge. (1) Tlie power of an administrator or. executor to sell or dispose of tlie debts and evidences of debt of tbe estate of Ms intestate is limited and regulated by statute. Any such sale or disposition is void except to creditors, legatees and distributees in discharge of an amount of their claims equal to the amount of such debt or evidence of debt. Sec. 210, R. S. 1899 ; Marshall v. Myers, 96 Mo. App. 643; Cowgill v. Linville, 20 Mo. App. 138 ; Stagg v. Linnenfelser, 59 Mo. 336; Chandler v. Stevenson, 68 Mo. 450; State to use of…
1Opinion of the CourtNortoni, J.
This suit was instituted and tried on the theory that it involved title to real estate. The finding and decree were for defendant and plaintiff prosecuted an appeal to the Supreme Court. Upon consideration, the Supreme Court determined that, though title to real estate may he affected by the judgment given on the pleadings, it is not in issue, and, therefore, transferred the case here for final determination, as will appear by reference, to Vandeventer v. Florida Savings Bank, 232 Mo. 618, 135 S. W. 23, where the pleadings are set out. in full. The sole question of law invoking the judgment…
2Cases cited13 opinions
- United States Ex Rel. Wilson v. WalkerSupreme Court of the United States · 1883
- State ex rel. Wolff v. BerningSupreme Court of Missouri · 1881
- Stagg v. LinnenfelserSupreme Court of Missouri · 1875
- Block v. DormanSupreme Court of Missouri · 1872
- Newhall v. TurneyIllinois Supreme Court · 1853
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3Cited by2 opinions
- Hill v. Superior CourtCalifornia Supreme Court · 1940
- Farris v. CookMissouri Court of Appeals · 2007