Rozelle v. Harmon
Supreme Court of Missouri
Certified from Kansas City Court of Appeals. (1) An executor de son tort is liable only to the rightful executor. Craslin v. Balter, 8 Mo. 437; Graves v. Poage, 17 Mo. 91; Magner v. Ryan, 19 Mo. 196; Bimonton v. McLain, 25 Ala. 353; Foster v. Nowlin, 4- Mo. 18. (2) Our system of administration contemplates that estates shall pass through the hands of legal representatives and that the property and assets of the estate shall be applied to the payment of debts of the same…
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Certified from Kansas City Court of Appeals. (1) An executor de son tort is liable only to the rightful executor. Craslin v. Balter, 8 Mo. 437; Graves v. Poage, 17 Mo. 91; Magner v. Ryan, 19 Mo. 196; Bimonton v. McLain, 25 Ala. 353; Foster v. Nowlin, 4- Mo. 18. (2) Our system of administration contemplates that estates shall pass through the hands of legal representatives and that the property and assets of the estate shall be applied to the payment of debts of the same class without partiality or preference. State v. Moore, 18 Mo. App. 411; Pearce v. Calhoun, 59 Mo. 271; Titterington v.…
1Opinion of the CourtMacfarlane, J.
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This suit was commenced in the circuit court of Holt county. Plaintiff was a creditor of *342one, B. W. Ross, deceased. The suit was for the purpose of recovering the amount of the debt from defendant, on the ground that he had wrongfully appropriated and converted the assets, belonging to Ross’ estate to his own use. Plaintiff recovered judgment in the circuit court, and defendant appealed to the Kansas City court of appeals where the judgment was reversed. The case was certified to this court by the court of appeals, on the ground that the decision rendered therein was in conflict with the…
2Cases cited6 opinions
- Putnam v. RossSupreme Court of Missouri · 1870
- Oster v. RabeneauSupreme Court of Missouri · 1870
- Foster v. NowlinSupreme Court of Missouri · 1835
- Buchanan v. SmithMississippi Supreme Court · 1870
- Chamberlain v. Western Transportation Co.New York Court of Appeals · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Perry v. StrawbridgeSupreme Court of Missouri · 1908
- Braeuel v. ReutherSupreme Court of Missouri · 1917
- Horton v. GentrySupreme Court of Missouri · 1948
- Dooley v. JacksonMissouri Court of Appeals · 1904
- State ex informatione Crow v. BlandSupreme Court of Missouri · 1898
8 more not listed; retrieve them via the Exa API.