Stevens v. Stevens
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — No». E. ilA Hughes, Judge. • The notes are not payable certain. The payees, have not presented the unpaid notes for allowance against the estate of the maker. They instituted this partition suit, and the trial court on hearing finds the present value of the notes, and forces payment of the same before maturity. This is in direct violation of the contract.
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Appeal from Audrain Circuit Court. — No». E. ilA Hughes, Judge. • The notes are not payable certain. The payees, have not presented the unpaid notes for allowance against the estate of the maker. They instituted this partition suit, and the trial court on hearing finds the present value of the notes, and forces payment of the same before maturity. This is in direct violation of the contract. This could not be forced upon the maker' if living, and by what law have the payees any greater right against his estate or the co-tenants? The present value of dower or curtesy by virtue of our statute…
1Opinion of the CourtMarshall, J.
This is an action for the partition of the northwest quarter of section two, township fifty-two, range seven, in Audrain county. Alexander E. Stevens died in February, 1899, without issue, intestate, owning this land, and leaving his wife, the defendant, Sarah A. Stevens, and his father and mother and three brothers, the plaintiffs herein, surviving-him as his heirs. His widow elected to take a child’s share.
On December 24, 1896, said Alexander E. Stevens and Sarah A., his wife, executed a deed of trust upon the south half of said property, to secure the payment of nine promissory notes fqr…
2Cases cited14 opinions
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