Lake v. Meier
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The plaintiff in this action, by attempting to have his alleged claims allowed in the Probate Court, seeks to force the administrator to complete a purchase of real estate charged to have been made by Yon Dembusch in his lifetime.
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Appeal from St. Louis Circuit Court. The plaintiff in this action, by attempting to have his alleged claims allowed in the Probate Court, seeks to force the administrator to complete a purchase of real estate charged to have been made by Yon Dembusch in his lifetime. I. This is an illegal attempt on the part of respondent to obtain by a proceeding at law what could only be obtained, if at all, by proceedings in equity, or by a special order, in the form of a decree, for a specific performance of the alleged contract, with notice to all the parties in interest. (Gen. Stat. 1865, chap. 122, p.…
1Opinion of the CourtWagner, Judge
The proceeding in this case was originally instituted in the Probate Court. It seems that in 1856 Jared D. Tyler died, and Lake, the respondent, was duly appointed his administrator; that the Probate Court made an order to sell certain real estate belonging to the estate of Tyler, and that at the sale one Edward Yon Dembusch became the purchaser, and in his lifetime paid thirty dollars of the purchase money. Lake made a report of his proceedings at the' next term of the court after the said sale, which report was approved and the sale confirmed. Before the deed was made out and executed and…
2Cited by5 opinions
- Scudder v. AmesSupreme Court of Missouri · 1886
- Springfield Grocer Co. v. WaltonMissouri Court of Appeals · 1902
- Chapman v. MerrittMissouri Court of Appeals · 1891
- Gantt & Lee v. MechinMissouri Court of Appeals · 1888
- State ex rel. Lancaster v. JonesSupreme Court of Missouri · 1886