Wolf v. Robinson
Supreme Court of Missouri
Error to Franklin Circuit Court. This was a petition to obtain the legal title to certain real estate in the town of Washington. Charles Eberius died in 1889, leaving the defendants his heirs at law. At the time of his death, he held a title bond for the property in controversy. After his death, the defendants, in a statutory proceeding against the administratrix of the obligor in the bond to enforce a specific performance, obtained a decree vesting in them the legal title.
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Error to Franklin Circuit Court. This was a petition to obtain the legal title to certain real estate in the town of Washington. Charles Eberius died in 1889, leaving the defendants his heirs at law. At the time of his death, he held a title bond for the property in controversy. After his death, the defendants, in a statutory proceeding against the administratrix of the obligor in the bond to enforce a specific performance, obtained a decree vesting in them the legal title. Afterwards, the administrator of Eberius, upon a petition to the county court, representing that the personal estate of…
1Opinion of the CourtScott, Judge
1. The heirs of Eberius, by obtaining a decree for the legal title to the estate of which he died seized in equity, could not defeat nor affect the right of the administrator of Eberius to sell his equity in the land for the payment of the debts due by his intestate. This is no proceeding to invalidate the decree obtained by the heirs of Eberius, vesting them with the legal title to the land in controversy ; so far from it, it affirms the validity of that decree, and seeks a conveyance of the title obtained by it.
2. There is nothing in the answer which affects the purchasers under the…
2Cited by3 opinions
- Grayson v. WeddleSupreme Court of Missouri · 1876
- State Ex Rel. Van Hafften v. EllisonSupreme Court of Missouri · 1920
- Blickensderffer v. HannaSupreme Court of Missouri · 1910