Edmonson v. Phillips
Supreme Court of Missouri
Appeal from New Madrid Circuit Court. — The case was tried before Geo. W. Carretón, Esq., sitting as Special Judge. This was a suit brought in the circuit court of New Madrid county by John Edmonson and Levina, his wife, against Murry Phillips, to have alien declared and enforced against certain real estate for the amount of a certain note.
Read the full summary
Appeal from New Madrid Circuit Court. — The case was tried before Geo. W. Carretón, Esq., sitting as Special Judge. This was a suit brought in the circuit court of New Madrid county by John Edmonson and Levina, his wife, against Murry Phillips, to have alien declared and enforced against certain real estate for the amount of a certain note. The petition averred that on the 17th day of March, 1878, Amos R. Phillips executed and delivered said note to said Levina Edmonson; that said note was given for part of the purchase price of the said real estate; and that Amos R. Phillips was dead,…
1Opinion of the Court
I
Sherwood, C. J.
We do not regard the petition obnoxious to the objection that it does not state facts sufficient to constitute a cause of action, since it alleges that Amos R. Phillips executed and gave to the wife and co-plaintiff of Jno. Edmonson the note for $800; that the sum therein specified was part of the purchase price of a certain tract of the land, describing it; that Amos R. Phillips is dead; that by his will, since admitted to probate, he *60constituted defendant his executor and sole heir (devisee), and asks that the sum specified and interest be declared a lien on the land…
2Cases cited5 opinions
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
- Leabo v. GoodeSupreme Court of Missouri · 1877
- Henslee v. CannefaxSupreme Court of Missouri · 1872
- Kellogg v. MalinSupreme Court of Missouri · 1876
- Simmons v. CarrierSupreme Court of Missouri · 1878
3Cited by28 opinions
- Chouteau v. GibsonSupreme Court of Missouri · 1882
- Epperson v. Postal Telegraph Cable Co.Supreme Court of Missouri · 1900
- Collins v. TrotterSupreme Court of Missouri · 1883
- Wells v. Covenant Mutual Benefit Ass'nSupreme Court of Missouri · 1895
- State ex rel. McKown v. WilliamsSupreme Court of Missouri · 1883
23 more not listed; retrieve them via the Exa API.