Taylor v. Priest
Missouri Court of Appeals
Appeal from tlie St. Louis Circuit Court, Shepard Barclay, Judge. If the plaintiff is a general creditor she should have presented her claim for allowance in the time prescribed by statute. Titterington v. HooJcer, 58 Mo. 593. If the plaintiff is a special creditor, and the time for proving claims against the estate has passed, she must proceed against the heirs. Anri as there are no heirs, the plaintiff can not recover at all.
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Appeal from tlie St. Louis Circuit Court, Shepard Barclay, Judge. If the plaintiff is a general creditor she should have presented her claim for allowance in the time prescribed by statute. Titterington v. HooJcer, 58 Mo. 593. If the plaintiff is a special creditor, and the time for proving claims against the estate has passed, she must proceed against the heirs. Anri as there are no heirs, the plaintiff can not recover at all. The devisees of Isaac Walker take their shares in the real estate discharged of the special debts of the testator. Sauer v. Griffin, 67 Mo. 657. The partition of lands…
1Opinion of the CourtThompson, J.
This action was brought under section 191, Revised .Statutes, to establish in the circuit court a demand against the estate of Isaac Walker, deceased. The demand sought to be established is the payment by the plaintiff of two installments of money to a dowress, the same being installments of an annuity charged by a judgment of the St. Louis land court, in 1864, upon land conveyed by the defendant’s testator, Isaac Walker, deceased, to the plaintiff, in the year 1857, with covenants .of warranty. In other words, the action is for damages for the breach of a covenant of warranty against encmm-:…
2Cases cited4 opinions
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1856
- Tenny's Adminstrator v. Lasley's AdministratorsSupreme Court of Missouri · 1883
- White v. StevensMissouri Court of Appeals · 1883
3Cited by3 opinions
- Nelson v. HaeberleMissouri Court of Appeals · 1887
- Cramblitt v. SherwoodSupreme Court of Kansas · 1921
- Tyler v. PriestMissouri Court of Appeals · 1888