Mourning v. Missouri Coal & Mining Co.
Supreme Court of Missouri
Appeal from Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. (1) The debts contracted by Elizabeth Mourning-for support, etc., and allowed against her estate, -were, by the will of Thomas Mourning, a charge and lien on the land. Hay dell v. Herick, 72 Mo. 253; Horst v. Bauer, 24 N. W. Rep. [Minn.] 924. The expense of last sickness is in such a case a charge upon the land.
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Appeal from Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. (1) The debts contracted by Elizabeth Mourning-for support, etc., and allowed against her estate, -were, by the will of Thomas Mourning, a charge and lien on the land. Hay dell v. Herick, 72 Mo. 253; Horst v. Bauer, 24 N. W. Rep. [Minn.] 924. The expense of last sickness is in such a case a charge upon the land. Harbison v. James, 90 Mo. 411. (2) The payment of these debts by the sale of the land had the effect of subrogating the defendant to the rights and lien of the parties to whom the debts wer.e due. Thomas v. Bridges, 73 Mo.…
1Opinion of the CourtSherwood, J.
Plaintiff brought ejectment for eighty acres of land in Lincoln county. After a general denial, the answer sets up as an equitable defense, that the debts allowed against the estate of Elizabeth Mourning were an equitable charge against the land in litigation.
The case was submitted to the court upon the following agreed statement of facts: “The following facts are agreed upon between the plaintiff and defendant: That the common source of title to the lands in dispute is Thomas Mourning, who died in Lincoln county, Missouri, in the year of 1837, owning the land in controversy; that said Thomas…
2Cited by1 opinion
- McGurry v. WallSupreme Court of Missouri · 1894