Salmons' Adm'rs v. Davis
Supreme Court of Missouri
Appeal from Pike Circuit Court. The facts sufficiently appear in the opinion of the court. I. By the law of Kentucky at the death of Salmons, slaves descended to the heirs, as real estate. The title, therefore, vested in the heirs, and the administrators could acquire no title.' The county court of Lincoln county had no authority to grant letters on the estate of Salmons, he never having resided or owned any property in this state.
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Appeal from Pike Circuit Court. The facts sufficiently appear in the opinion of the court. I. By the law of Kentucky at the death of Salmons, slaves descended to the heirs, as real estate. The title, therefore, vested in the heirs, and the administrators could acquire no title.' The county court of Lincoln county had no authority to grant letters on the estate of Salmons, he never having resided or owned any property in this state. The court admitted illegal evidence, to-wit, the declarations of J. K. Salmons and others, heirs of Joel Salmons, contained in the deposition of Williams. The bond…
1Opinion of the CourtNaptoN, Judge
One of the principal questions in this case is whether the administrator of Joel Salmons or his distributees should have brought this action.
Salmons died in Kentucky in 1826. No administration in form was had upon his estate, but his widow and children (who were all of age but one) divided out his property, and *179the mother of the slaves now sued for, with other property, was assigned to the widow as her share of the estate. The theory of the action is that the slave was received as dower. However that may have been, the widow brought the slave Milly and her children from Kentucky about ten…
2Cases cited3 opinions
- M'Coy v. HillCourt of Appeals of Kentucky · 1822
- Watson v. BissellSupreme Court of Missouri · 1858
- McCans v. Board's HeirsCourt of Appeals of Kentucky · 1833
3Cited by12 opinions
- Superior Oil Corporation v. AlcornCourt of Appeals of Kentucky (pre-1976) · 1930
- Allen v. WisemanSupreme Court of Missouri · 1949
- King v. MerrittMichigan Supreme Court · 1887
- Bohrer v. DavisNebraska Supreme Court · 1913
- Simms v. HerveySupreme Court of Iowa · 1865
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