Adey v. Adey
Missouri Court of Appeals
Appeal from the Texas Circuit Court. — Hon. O. O. Bland, Judge. The defendant’s demurrer to the evidence should have been sustained. There is no claim that the property in question was the separate property of the plaintiff, but her sole claim is based on her right to recover in her representative capacity as widow of Joseph Adey, deceased. It is a well settled rule of law that personalty passes to the administrator. He alone can sue for it.
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Appeal from the Texas Circuit Court. — Hon. O. O. Bland, Judge. The defendant’s demurrer to the evidence should have been sustained. There is no claim that the property in question was the separate property of the plaintiff, but her sole claim is based on her right to recover in her representative capacity as widow of Joseph Adey, deceased. It is a well settled rule of law that personalty passes to the administrator. He alone can sue for it. Reiman v. Wellenhamp, 71 Mo. 407; Smith v. Denney, 37 Mo. 20; Becraft v. Lewis, 41 Mo. App. 546; State-ex ret. v. Moore, 18 Mo. App. 406. Though the heir…
1Opinion of the CourtBiggs, J.
This is an action of replevin to recover the possession of a yoke of oxen. The plaintiff: claimed title to the' property as the-widow of Joseph Adey. She and Joseph were married in December, 1890. They lived with the defendant, the mother of Joseph, until his death in June, 1891. At the time of his death the animals in controversy were on the farm of the defendant. Subsequently the plaintiff demanded the possession of them, claiming that they belonged to the deceased, and that she, as his widow, was entitled to them. The defendant refused to give them up; hence this lawsuit.
The action was…
2Cases cited4 opinions
- Smith v. DennySupreme Court of Missouri · 1865
- Becraft v. LewisMissouri Court of Appeals · 1890
- State ex rel. Hounsom v. MooreMissouri Court of Appeals · 1885
- Hanenkamp's Administrator v. BorgmierSupreme Court of Missouri · 1862
3Cited by7 opinions
- Burnes v. BurnesCourt of Appeals for the Eighth Circuit · 1905
- Missouri Pacific Railway Co. v. BradleyNebraska Supreme Court · 1897
- Mahoney v. NevinsSupreme Court of Missouri · 1905
- Byers v. WeeksMissouri Court of Appeals · 1904
- Perkins v. GoddinMissouri Court of Appeals · 1905
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