Redman v. Adams
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon. J. L. Fori, Judge. STATEMENT OF THE CASE. The probate court of Butler county, having in charge the estate of J. E. Adams, upon the second annual settlement of his executrix, Martha Adams, ordered her to sell the land of her testator for the payment of debts.
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Appeal from Butler Circuit Court. — Hon. J. L. Fori, Judge. STATEMENT OF THE CASE. The probate court of Butler county, having in charge the estate of J. E. Adams, upon the second annual settlement of his executrix, Martha Adams, ordered her to sell the land of her testator for the payment of debts. After a sale in pursuance of said.order, one Loid Redman, made an affidavit that he was a creditor of said estate, and prayed an appeal from said order of sale of the circuit court, which was granted. On the hearing of the matter in the circuit court, the following judgment was rendered: “Now at…
1Opinion of the CourtBond, J.
The contention is, that inasmuch as the interlocutory order of sale made hy the probate court was one from which any creditor of the estate was entitled to an appeal to the circuit court, therefore, the latter court erred in dismissing the cause for want of jurisdiction. The statute applicable to such orders unquestionably affords the right to an appeal therefrom to any creditor. R. S. 1899, sec. 278. The difficulty, however, in applying it to this appeal arises from the *536fact that there is no evidence in the record showing that appellant sustained the relation (alleged in his affidavit), of…
2Cases cited7 opinions
- Estes v. NellSupreme Court of Missouri · 1897
- Turley v. EdwardsMissouri Court of Appeals · 1885
- Bauer v. CabanneMissouri Court of Appeals · 1881
- Doherty v. NobleSupreme Court of Missouri · 1897
- Stern, Lauer, Shohl & Co. v. FoltzSupreme Court of Missouri · 1899
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3Cited by5 opinions
- Nettleton Bank v. Estate of McGauheySupreme Court of Missouri · 1928
- Rhodes v. BellSupreme Court of Missouri · 1910
- State of Missouri Ex Rel. v. DavisMissouri Court of Appeals · 1948
- Gum v. F.S. Myers, Adm., Etc.Missouri Court of Appeals · 1925
- Schappacher v. Smith's EstateMissouri Court of Appeals · 1949