Rozelle v. Harmon
Missouri Court of Appeals
Appeal from Holt Circuit Court, Hon. Cyrus A. Anthony, Judged Statement of case by the court. This is an action by which plaintiff seeks to hold defendant liable as an executor de son tort. 1. The petition charges that, on the twenty-fourth day of March, 1880, one B. W. Ross executed his note to R. H. Russell for one hundred and seventy-five dollars, due in one year, with jilaintiff and J. D. Gfoodpasture as sureties, with ten per cent, interest, to be paid, annually. 2.…
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Appeal from Holt Circuit Court, Hon. Cyrus A. Anthony, Judged Statement of case by the court. This is an action by which plaintiff seeks to hold defendant liable as an executor de son tort. 1. The petition charges that, on the twenty-fourth day of March, 1880, one B. W. Ross executed his note to R. H. Russell for one hundred and seventy-five dollars, due in one year, with jilaintiff and J. D. Gfoodpasture as sureties, with ten per cent, interest, to be paid, annually. 2. That Ross died in July, 1884, leaving the note unpaid ; that at the time of his death he was owner and possessed of a large…
1Opinion of the CourtPhilips, P. J.
The important question, presented for decision by this appeal is, whether there can be, under the probate system of this state, an executor de son tort, in so far as to authorize a single creditor of the intestate to maintain an action of trover against him, as here sought, and thereby appropriate the whole assets to the payment of plaintiff’s debt?
That such was the ancient rule at common law is not questioned. But that it should longer ¡prevail in this state, in view of our statutory system of administering dead men’s estates, is denied by appellant.. Judge Redfield, in his work on the law…
2Cases cited18 opinions
- Green v. RugelyTexas Supreme Court · 1859
- Merry v. FremonSupreme Court of Missouri · 1869
- Titterington v. HookerSupreme Court of Missouri · 1875
- Ansley v. BakerTexas Supreme Court · 1855
- George v. WilliamsonSupreme Court of Missouri · 1858
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3Cited by4 opinions
- Rich v. BrayU.S. Circuit Court for the District of Western Missouri · 1889
- Hayes v. FryMissouri Court of Appeals · 1904
- Downey v. HiggsMissouri Court of Appeals · 1890
- State v. ThayerSupreme Court of Missouri · 1900