Tapley v. McPike
Supreme Court of Missouri
Error to Macon Circuit Court. I. The probate o£ the will in the County Court, until reversed, was conclusive upon the whole world. (Trecothick v. Austin, 4 Mason, 21 — 24.) It is a rule in courts of equity, as well as in courts of law, that the cause of action or suit arises when and as soon as the party has a right to apply to the proper tribunal for relief. (Ang.
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Error to Macon Circuit Court. I. The probate o£ the will in the County Court, until reversed, was conclusive upon the whole world. (Trecothick v. Austin, 4 Mason, 21 — 24.) It is a rule in courts of equity, as well as in courts of law, that the cause of action or suit arises when and as soon as the party has a right to apply to the proper tribunal for relief. (Ang. Lim. 34, 50; Woodbridge v. Bannon, 14 Ohio St, 328 ; Taylor v. McCrackin, 2 Blackf. 261; Walker v. Hale, 15 Ohio St. 356; 16 Ohio St. 353; 11 Pick. 311.) H. The judgment of partition under the will was not a bar. That judgment…
1Opinion of the CourtWagner, Judge
From the record it appears that one Joseph D. Tapley died in 1846, leaving a will by which he devised all his property to his wife until her marriage ; and in the event of her again marrying, then she was to have one-third of the property absolutely, and the remainder to go to his children. The widow took out letters testamentary and qualified as executrix, and in 1849 she married W. C. Gillespie, who thereupon qualified as administrator de bonis non with the will annexed.
In 1850 a proceeding was instituted in the County Court for a partition and distribution of the slaves between the widow…
2Cases cited2 opinions
- Keeton's Heirs v. Keeton's AdministratorSupreme Court of Missouri · 1855
- State ex rel. Whaley v. BlackwellSupreme Court of Missouri · 1854
3Cited by11 opinions
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- Hughes v. BurrissSupreme Court of Missouri · 1885
- Odom v. LangstonSupreme Court of Missouri · 1946
- Stevens v. McChrystalCourt of Appeals for the Eighth Circuit · 1906
- Oakley v. TaylorU.S. Circuit Court for the District of Eastern Missouri · 1894
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