Madden's Heirs v. Madden's Administrator
Supreme Court of Missouri
Appeal from, Washington Circuit Court. This was a bill in chancery filed March 11, 1847, by certain of the heirs of Tomas Madden, senior, deceased, against certain other of the heirs of said Madden and his administrator. The object of the bill was to bring all the heirs into hotchpot, to obtain a settlement of the accounts of the administrator, a sale of the lands of the intestate, and an equalization of the heirs in the distribution of the estate.
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Appeal from, Washington Circuit Court. This was a bill in chancery filed March 11, 1847, by certain of the heirs of Tomas Madden, senior, deceased, against certain other of the heirs of said Madden and his administrator. The object of the bill was to bring all the heirs into hotchpot, to obtain a settlement of the accounts of the administrator, a sale of the lands of the intestate, and an equalization of the heirs in the distribution of the estate. The facts being exceedingly complicated, it is deemed unnecessary to state them. The ground of the decision sufficiently appears in the opinion of…
1Opinion of the CourtScott, Judge
This case was a suit in chancery commenced in 1847, under the old practice. Under that practice, bills of exceptions were as necessary in chancery as in common law suits. The accounts settled by the court or by a commissioner appointed by the court could only be reviewed here on objections and exceptions to the opinions of the court. When an account was settled by a commissioner, exceptions were taken, and they were stated in the report together with the evidence and reported to the court, who decided the points raised before the commissioner if they were renewed, and on that decision an…
2Cases cited1 opinion
- Stong v. WilksonSupreme Court of Missouri · 1851
3Cited by5 opinions
- In re DavisSupreme Court of Missouri · 1876
- Clyce v. AndersonSupreme Court of Missouri · 1871
- Sicher v. RambousekSupreme Court of Missouri · 1906
- Gregory v. MenefeeSupreme Court of Missouri · 1884
- State ex rel. Ivie v. EwingSupreme Court of Missouri · 1915