Peak v. Peak
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Eon. David H. Eby, Judge. (1) Prances Peak, life tenant under the will of her deceased husband, purchased the land in controversy for all parties in interest. Allen v. DeGroodt, 105 Mo. 442; Cockrill v. Hutchinson, 135 Mo. 67; Hinters v. Hinters, 114 Mo. 26; Allen v. DeGroodt, 98 Mo. 159. (2) The court should have ascertained the amount appellants should he required to pay in order to save their interests in the lands.
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Appeal from Pike Circuit Court. — Eon. David H. Eby, Judge. (1) Prances Peak, life tenant under the will of her deceased husband, purchased the land in controversy for all parties in interest. Allen v. DeGroodt, 105 Mo. 442; Cockrill v. Hutchinson, 135 Mo. 67; Hinters v. Hinters, 114 Mo. 26; Allen v. DeGroodt, 98 Mo. 159. (2) The court should have ascertained the amount appellants should he required to pay in order to save their interests in the lands. Tender was not necessary. Kline v. Yogel, 90 Mo. 239; Jopling v. Walton, 138 Mo. 485; Mahoney v. Nevins, 190 Mo. 360. (3) Appellants stood…
1Opinion of the CourtWoodson, J.
The legal propositions in this case will be better understood if we set out the pleadings.
The petition filed herein is as follows (Formal parts omitted):
“Plaintiff states that George W.. Peak departed this life at said county of Pike on the--day of July, A. D. 1901, testate, having made a will which was duly admitted to probate by the probate court within and for the county and State aforesaid. That the estate of said deceased was duly administered in and by said probate court, and final settlement thereof made.
“That the said George W. Peak left surviving him his widow, the said Frances Peak,…
2Cases cited9 opinions
- Kline v. VogelSupreme Court of Missouri · 1886
- Nofsinger v. HartnettSupreme Court of Missouri · 1884
- Cockrill v. HutchinsonSupreme Court of Missouri · 1896
- Rutter v. CarothersSupreme Court of Missouri · 1909
- Allen v. DeGroodtSupreme Court of Missouri · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Priest v. OehlerSupreme Court of Missouri · 1931
- Koch v. Kiron State BankSupreme Court of Iowa · 1941
- Peterson v. LarsonSupreme Court of Missouri · 1920
- Bullock v. Peoples Bank of HolcombSupreme Court of Missouri · 1943
- Gaugh v. GaughSupreme Court of Missouri · 1928
7 more not listed; retrieve them via the Exa API.