Baker v. Lane
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. W. M. Robinson, Judge. (1) Executors or administrators are privies in law. 1 Freeman on Judgments [4 Ed.], secs. 162,163. (2) The respondent is estopped from litigating with the administrator with will annexed of Louisa G. Lane, that which she had formerly conclusively litigated with the executor, who was the predecessor of said administrator in the same estate.
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Appeal from Jasper Circuit Court. — Hon. W. M. Robinson, Judge. (1) Executors or administrators are privies in law. 1 Freeman on Judgments [4 Ed.], secs. 162,163. (2) The respondent is estopped from litigating with the administrator with will annexed of Louisa G. Lane, that which she had formerly conclusively litigated with the executor, who was the predecessor of said administrator in the same estate. Btoutimore v. Clark, 70 Mo. 478; 1 Freeman on Judgments [4 Ed.], sec. 163, p. 300; 21 Am. and Eng. Ency. of Law, p. 157. and note 5, and pp. 142, 143, and note. (3) The judgment in favor of…
1Opinion of the CourtBrace, J.
This is an action for tne assignment of dower and damages for deforcement thereof. The plaintiff’s husband, William H. Baker, deceased, in his lifetime, and during her coverture with him, was the owner of the land in controversy, in which the plaintiff had dower, which she never relinquished. The defendants are the administrator de bonis non with the will annexed of Louisa O. Lane, deceased, his tenant in possession of the premises, and the heirs and legatees of the said Louisa C. Lane, deceased, who acquired title thereto by mesne conveyances from the said William H. Baker, who died on the…
2Cases cited4 opinions
- Hickerson v. City of MexicoSupreme Court of Missouri · 1874
- City of St. Joseph v. Union Railway Co.Supreme Court of Missouri · 1893
- Spradling v. ConwaySupreme Court of Missouri · 1872
- Taylor v. LarkinSupreme Court of Missouri · 1848
3Cited by2 opinions
- Hull v. VaughnCourt of Appeals of Tennessee · 1939
- Burns v. MarshMissouri Court of Appeals · 1910