State ex rel. Lewis v. Schleiffarth
Missouri Court of Appeals
.Error to the St. Louis Circuit Court, Wickham, J. Probate Courts have no jurisdiction except as conferred by statute. — Powers v. Blakey, 16 Mo. 437 ; The State v. St. Louis, 38 Mo. 402. The court could only authorize the sale of the equity of redemption. — Wellon v. Hull, 50 Mo. 297 ; Jackson v. Magruder, 51 Mo. 55. Demand must be made. — Spaulding v. Suss, 4 Mo.
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.Error to the St. Louis Circuit Court, Wickham, J. Probate Courts have no jurisdiction except as conferred by statute. — Powers v. Blakey, 16 Mo. 437 ; The State v. St. Louis, 38 Mo. 402. The court could only authorize the sale of the equity of redemption. — Wellon v. Hull, 50 Mo. 297 ; Jackson v. Magruder, 51 Mo. 55. Demand must be made. — Spaulding v. Suss, 4 Mo. App. 541. Strong v. Wilkerson, 14 Mo. 116 ; In re Biddle, 35 Mo. 29 ; Olyce v. Anderson, 49 Mo. 37 ; In re Davis, 62 Mo. 450. The judgment of a competent tribunal, having jurisdiction to determine the question and having…
1Opinion of the CourtBakewell, J.
This is an action against the sureties on the bond of an administrator, to recover for the alleged waste of the estate. The cause was tried by the court, a jury being waived, and the finding and judgment were for defendants. There is no controversy as to the facts, which are as follows: Curotto *432died in 1871, and his widow administered. Her letters were revoked in 1872, and Gambs, public administrator, took charge of the estate. Demands against the estate were proved to the amount of $11,905.42. At the March term, 1872, Gambs presented a petition to the court for an order of sale of real…
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