Kennerly v. Shepley
Supreme Court of Missouri
ERROR to St. Louis Circuit Court — Ch’y. STATEMENT OF THE CASE. Jno. R. Shepley, on tlie 29th of October 18 17, brought his bill in chancery, in the circuit court, of .St. Louis county, (which was once or twice altered by amendment ami the addition of supernumerary matter, dona by leave of court,) agiinst Elisha i\E. Kennerly, deceased, widow ami administratrix of James Kennerly deceased, and the heirs of said Kennerly. The bill states, in substance, that in 1823, in the TJ.
Read the full summary
ERROR to St. Louis Circuit Court — Ch’y. STATEMENT OF THE CASE. Jno. R. Shepley, on tlie 29th of October 18 17, brought his bill in chancery, in the circuit court, of .St. Louis county, (which was once or twice altered by amendment ami the addition of supernumerary matter, dona by leave of court,) agiinst Elisha i\E. Kennerly, deceased, widow ami administratrix of James Kennerly deceased, and the heirs of said Kennerly. The bill states, in substance, that in 1823, in the TJ. S. District Court for the Missouri District, two judgments were rendered against James and George H. Kennerly, the one…
1Opinion of the CourtScott, J.
The objection, that the creditors were not made parties to (he suit, cannot be maintained. In the prosecution and defense of claims, the executor or administrator is deemed a full representative of the creditors of the estates respectively committed to their care. The object of the suit, being, to restrain the administrator from selling propel ty to pay debts of a deceased person, and to set up a lost deed, it was sufficient to bring' before the court the administratrix and (he heirs, who fully represented the property, and are liable for all demands upon it:' Story’s Equity Pleading's sec.…
2Cases cited3 opinions
- Wayman v. SouthardSupreme Court of the United States · 1825
- Fullerton v. President of the Bank of the United StatesSupreme Court of the United States · 1828
- Switzer v. CarsonSupreme Court of Missouri · 1846
3Cited by6 opinions
- Hughes v. MenefeeMissouri Court of Appeals · 1888
- Julian v. CalkinsSupreme Court of Missouri · 1884
- Perkins v. GoddinMissouri Court of Appeals · 1905
- Keene v. BarnesSupreme Court of Missouri · 1860
- Baker v. UnderwoodSupreme Court of Missouri · 1876
1 more not listed; retrieve them via the Exa API.