James v. Dixon
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. This was an action brought to recover possession of certain leasehold property, alleged in the petition to have been formerly held by the defendant, Dixon, in partnership with one Skeel, deceased. Plaintiffs also claimed damages for the detention of said property. The plaintiffs claimed the entire leasehold property, as purchasers at an administrator sale by one Foxton, as administrator of the said Skeel.
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Appeal from Jefferson Circuit Court. This was an action brought to recover possession of certain leasehold property, alleged in the petition to have been formerly held by the defendant, Dixon, in partnership with one Skeel, deceased. Plaintiffs also claimed damages for the detention of said property. The plaintiffs claimed the entire leasehold property, as purchasers at an administrator sale by one Foxton, as administrator of the said Skeel. The said property was taken possession of by the said Foxton, as the partnership effects of the said Skeel & Dixon, and the sale was made under the 58d…
1Opinion of the CourtScott, Judge
1. The approval of the bond by the county court was not indispensable to its validity. Wherever the law requires a bond to be approved, that bond will be binding until it is disapproved, unless it is otherwise expressly declared. When the bond is *540approved, the approval will relate to its delivery. There is nothing in the statute which makes the approval of the bond a prerequisite to the vesting of the property in the administrator. (Jones v. State, 7 Mo. Rep. 81.)
2. As to the notice given by the administrator to the surviving partner, requiring him to give bond for the due administration of…
2Cases cited1 opinion
- Jones v. State ex rel. BlowSupreme Court of Missouri · 1841
3Cited by6 opinions
- State ex rel. Richardson v. WithrowSupreme Court of Missouri · 1897
- State Ex Rel. Dunklin County v. McKaySupreme Court of Missouri · 1930
- Groves v. AegerterMissouri Court of Appeals · 1931
- State ex rel. Burrough v. FarmerSupreme Court of Missouri · 1873
- Graves v. McHughSupreme Court of Missouri · 1875
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