State ex rel. Muller v. Pohl
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. Shepard Barclay, Judge. The rule of the common law invoked in behalf of defendant, George L. Brunner — that a devisee takes as purchaser, not as heir,, and is, therefore, discharged from liabilities of the ancestor — has no application where the interest ■ devised is the same that the devisee would have inherited, and the devise is void; which is the position of said George L., as the statute made his father’s will void as to…
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Appeal from the St. Louis Circuit Court, Hon. Shepard Barclay, Judge. The rule of the common law invoked in behalf of defendant, George L. Brunner — that a devisee takes as purchaser, not as heir,, and is, therefore, discharged from liabilities of the ancestor — has no application where the interest ■ devised is the same that the devisee would have inherited, and the devise is void; which is the position of said George L., as the statute made his father’s will void as to Maria E., and he took only one-third under it; the same he would have inherited, and, therefore,.subject to the liabilities…
1Opinion of the CourtRombauer, P. J.
George Brunner, now deceased, became surety on the official bond of defendant Pohl as curator for the plaintiff, then a minor, in 1866. In 1878, Pohl was removed from his office as such curator, being then in arrears with his accounts. His arrearages with interest to the date of the judgment herein amounted to $2,339. 81.
The present action was brought by plaintiff against Pohl on such official bond for breaches thereof. The other defendants were joined as representatives of Brunner, the surety, by reason of assets derived from him. Upon a trial had by the court without a jury the plaintiff…
2Cases cited5 opinions
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Chouquette v. BaradaSupreme Court of Missouri · 1859
- Metcalf v. LarnedSupreme Court of Missouri · 1867
- Sauer v. GriffinSupreme Court of Missouri · 1878
- Burch v. BrownSupreme Court of Missouri · 1870
3Cited by2 opinions
- Busey v. SmithU.S. Circuit Court for the District of Indiana · 1895
- Hunt v. LucasMissouri Court of Appeals · 1897