Legal Opinion

State ex rel. Tygard v. Elliott

Missouri Court of Appeals

Decided January 8, 1900PublishedCited by 5 opinions

Error to the Cass Circuit Court. — Hon. W. W.-Wood, Judge. (1) This action is maintainable without final settlement having been made. State ex rel. v. Roeper, 9 Mo. App. 21; State ex rel. v. Miller, 44 Mo.

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Error to the Cass Circuit Court. — Hon. W. W.-Wood, Judge. (1) This action is maintainable without final settlement having been made. State ex rel. v. Roeper, 9 Mo. App. 21; State ex rel. v. Miller, 44 Mo. App. 122; Clarke v. Sinks, 144 Mo. 448. (2) The annual settlements of defendant, Elliott, with the probate court have not the effect of judgments; and all errors found therein may be corrected at the final settlement, or in an action on the bond where no final settlement has been made. Picot v. Biddle’s Adm’r, 35 Mo. 29; In re Davis, 62 Mo. 453; In re Barnes, 43 Mo. App. 296; State ex'rel.…

1Opinion of the CourtSmith, P. J.

George Hamilton, a resident of the state of Kentucky, was the owner of about 1,500 acres of land in Bates county, this state. Archie L. Hamilton, a son of the said George Hamilton, likewise a resident of Kentucky, was also the owner of 340 acres in Bates county, adjoining that of his father. The said George and Archie L. Hamilton executed a deed of trust on certain described parts of said lands, so owned by them, to Jarvis & Conklin to secure a loan of $13,000.

Afterwards, in 1887, the said George Hamilton, by deed, conveyed said 1,500 acres of land to his son Archie L. in trust for the two…

2Cases cited17 opinions

  1. State v. MarshallSupreme Court of Missouri · 1865
  2. Estate of Merritt v. MerrittSupreme Court of Missouri · 1876
  3. Jacobs v. JacobsSupreme Court of Missouri · 1889
  4. Myers v. MyersSupreme Court of Missouri · 1889
  5. State ex rel. Howard County v. BurckharttSupreme Court of Missouri · 1884

12 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In re Hutton's EstateMissouri Court of Appeals · 1902
  2. Bosley v. CookMissouri Court of Appeals · 1900
  3. Lancieri v. Kansas City Improved Street Sprinkling Co.Missouri Court of Appeals · 1902
  4. Taylor v. KelloggMissouri Court of Appeals · 1903
  5. Simonds' AppealMissouri Court of Appeals · 1903

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