Rowden v. Brown
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Hon. J. B. Gantt, Judge. (1) There cannot be in this state two sets of lawful administrators at the same time on the same estate.
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Appeal from Bates Circuit Court. — Hon. J. B. Gantt, Judge. (1) There cannot be in this state two sets of lawful administrators at the same time on the same estate. Post v. Gaulle, 3 Mo. 35 ; Griffith v. Frazer, 8 Cranch, 9. In the case of Griffith v. Frazer, the Supreme Court of the United States held, in a collateral proceeding, that a judgment against an administrator of an estate who was appointed while the same was being administered on by an executor who had been duly qualified, was a nullity, and a sale made under such a j udgment was utterly void. Kane v. Paul, 14 Peters, 82. (2)…
1Opinion of the CourtSherwood, J.
Ejectment for one hundred and' twenty acres of land in Bates county. Both parties claim under one John M. Gray. The main point in the case is the validity, of the administrator’s sale upon which the defendants rely. It does not clearly appear whether White, the public administrator, was ordered as such public administrator, to take charge of the estate of Gray (which had not been fully administered), in vacation or in term time, nor is it material to know. The files and papers pertaining to Gray’s estate being 'lost, etc., it will be presumed that the appointment of Holloway, as administrator…
2Cases cited1 opinion
- Johnson v. BeazleySupreme Court of Missouri · 1877
3Cited by18 opinions
- Cox v. BoyceSupreme Court of Missouri · 1899
- Price v. Springfield Real-Estate Ass'nSupreme Court of Missouri · 1890
- Sherwood v. BakerSupreme Court of Missouri · 1891
- Macey v. StarkSupreme Court of Missouri · 1893
- Stark v. KirchgraberSupreme Court of Missouri · 1905
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