Carson v. Walker
Supreme Court of Missouri
Jlppeal from St. Louis Court of Common Pleas. On the 23d of June, 1850, the appellants filed a petition in the Court of Common Pleas of St. Louis county, stating, that William Stokes died seized and possessed in fee of a lot of ground in the city of St. Louis, fronting forty feet on Main street, by one hundred and forty feet deep, and particularly describing its metes and bounds.
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Jlppeal from St. Louis Court of Common Pleas. On the 23d of June, 1850, the appellants filed a petition in the Court of Common Pleas of St. Louis county, stating, that William Stokes died seized and possessed in fee of a lot of ground in the city of St. Louis, fronting forty feet on Main street, by one hundred and forty feet deep, and particularly describing its metes and bounds. That said Stokes, by his last will duly probated in September, 1823, gaye John O’Fallon, in trust for Anne Carson, all his real and personal estate, to be held for her use till her marriage or attaining twenty-one…
1Opinion of the Court
RylaND, Judge,
delivered tbe opinion of tbe court.
From tbe statement in this case, it appears that Wm. Stokes died on tbe 3d day of September, 1823. That be made bis will, wbicb was admitted to probate on tbe 9th of September, 1823. That Col. John O’Eallon was appointed executor by said Stokes, and that be undertook tbe burden .of said trust.
That sometime previous to tbe death of Stokes, Louis A, Benoist commenced an action of assumpsit against him in tbe *78St. Louis Circuit Court; tbe summons was issued on the 16th of May, 1828, and was executed on him by the sheriff of St. Louis county, on the…
2Cases cited3 opinions
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