Valle v. Fleming
Supreme Court of Missouri
Appeal from, Madison Circuit Court. This was an action by six of the seven heirs of C. C. Valle, to recover an undivided interest in the Mine La Motte tract of land. The record showed the following facts : In 1838, C. C. Valle died, owning an undivided one third of the said tract. Lewis E. Linn and E. E. Pratte owned the other two thirds. On the 19th of December, 1838, letters of administration on Valle’s estate were granted to B. St. Gremme and E. E. Pratte.
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Appeal from, Madison Circuit Court. This was an action by six of the seven heirs of C. C. Valle, to recover an undivided interest in the Mine La Motte tract of land. The record showed the following facts : In 1838, C. C. Valle died, owning an undivided one third of the said tract. Lewis E. Linn and E. E. Pratte owned the other two thirds. On the 19th of December, 1838, letters of administration on Valle’s estate were granted to B. St. Gremme and E. E. Pratte. On the 21st of the same month, at a special term, the administrators presented to the county court a petition, stating that the…
1Opinion of the Court
Scott, Judge,
delivered the opinion of the court.'
The validity of the proceedings which resulted in the sale of the land in controversy has been placed on two grounds ; the first of which is, that the sale was valid under the 8th and the following sections of the 3d article of the act respecting executors and administrators of the Revised Code of 1835, which authorized a sale of the lands of a deceased person to pay his debts, when there was an insufficiency of personal estate. The second ground was put on the 2d and 3d sections of the same article, which prescribed that, when any person…
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