Milan ex rel. Crockett v. Pemberton
Supreme Court of Missouri
ERROR TO, MARION CIRCUIT COURT. 1. The presentation of the demand .to Pemberton, Ex’r. of Wilcox, in July, 1845, was a legal exhibition of the demand in the meaning of the statute. 4th and 5th sect, of 4th aft. of •administration law of 1845. See also 14th sect, same article. 2. This note, though executed to Anthony Crockett as payee, Was nevertheless the property of William R. Crockett if he advanced the money upon it and received it as security •therefor, and an action…
Read the full summary
ERROR TO, MARION CIRCUIT COURT. 1. The presentation of the demand .to Pemberton, Ex’r. of Wilcox, in July, 1845, was a legal exhibition of the demand in the meaning of the statute. 4th and 5th sect, of 4th aft. of •administration law of 1845. See also 14th sect, same article. 2. This note, though executed to Anthony Crockett as payee, Was nevertheless the property of William R. Crockett if he advanced the money upon it and received it as security •therefor, and an action will lay upon it to the use of Wm. R. Crockett. 17 Johnson, 176, 4 •Cowen, 572; 9 Mo. R. 227; lb. 262. 3. No person, save…
1Opinion of the Court
Judge Ryland
delivered the opinion of the court.
This was a proceeding commenced originally in the Marion 'county court, taken thence by appeal to the Marion circuit court, and now Brought before this court by writ of error.
From the record it appears that on the 23rd day of April, 1847, the plaintiff, James V. Milan, as administrator of the estate of Anthony Crockett, deceased, caused a notice in writing to be served, on the defendant, Richard Pemberton, as the executor of Jane Wilcox, deceased, informing him that on the -first Monday, being the third day of May next, he, as administrator as…
2Cited by8 opinions
- Maupin v. Franklin CountySupreme Court of Missouri · 1878
- Davidson v. I. M. Davidson Real Estate & Investment Co.Supreme Court of Missouri · 1910
- State Ex Rel. Chaney v. GrinsteadSupreme Court of Missouri · 1926
- Dennison v. County of St. LouisSupreme Court of Missouri · 1862
- Mobley v. NaveSupreme Court of Missouri · 1878
3 more not listed; retrieve them via the Exa API.