Welton v. Hull
Supreme Court of Missouri
Appeal from Osage Circuit Court. To pay debts the court shall order all the right, title and interest of the estate, etc., to be sold at public sale. (Wagn. Stat. 94; §8.) This the court did. The sale was that of the equity of redemption, and its proceeds would not be applied to the purchase of the legal title. The administrator sold the whole estate, legal and equitable. There were no- assets belonging to said estate with which to redeem. (Wagn.
Read the full summary
Appeal from Osage Circuit Court. To pay debts the court shall order all the right, title and interest of the estate, etc., to be sold at public sale. (Wagn. Stat. 94; §8.) This the court did. The sale was that of the equity of redemption, and its proceeds would not be applied to the purchase of the legal title. The administrator sold the whole estate, legal and equitable. There were no- assets belonging to said estate with which to redeem. (Wagn. Stat. 94, §§ 8-9.) I. The decision is in conflict with an express statute. The statute provides that where lands of deceased are encumbered by deed…
1Opinion of the Court
Bliss, Judge,
delivered the-opinion of the court.
Jesse Welton, deceased, was administrator of the estate of Lewis Welton, deceased. One Townley held a claim against the estate for over $5,000, which was presented and allowed and assigned to the fifth class. This demand had been secured by a deed of trust upon real estate of decedent, but that fact was not shown when it was presented. Afterwards the administrator obtained an order for the sale of the real estate for the payment of debts. This debt, among others, was named in the petition. No allusion was made to the deed of trust. The land was…
2Cases cited2 opinions
- Lumley v. RobinsonSupreme Court of Missouri · 1858
- Cooper v. MarlowSupreme Court of Missouri · 1832
3Cited by10 opinions
- Jackson v. MagruderSupreme Court of Missouri · 1872
- Baker v. Northwestern Guaranty Loan Co.Supreme Court of Minnesota · 1886
- Denman v. PayneSupreme Court of Alabama · 1907
- Greenwell v. HeritageSupreme Court of Missouri · 1880
- Day v. GrahamSupreme Court of Missouri · 1888
5 more not listed; retrieve them via the Exa API.