Patterson v. Booth
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Jambs A. Sedo on, Judge. (1) The testimony as to the final and annual settlements of Horner as curator of plaintiff was inadmissible. It was res inter alios acta. 1 Wharton on Neg., secs. 175-6, 760 ; 1 Phillips on Ev. [4 Amer. Ed.] p. 748. (2 ) The circuit court erred in its decree as to said final settlement.
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Appeal from St. Louis City Circuit Court. — Hon. Jambs A. Sedo on, Judge. (1) The testimony as to the final and annual settlements of Horner as curator of plaintiff was inadmissible. It was res inter alios acta. 1 Wharton on Neg., secs. 175-6, 760 ; 1 Phillips on Ev. [4 Amer. Ed.] p. 748. (2 ) The circuit court erred in its decree as to said final settlement. It was not competent for the circuit court, by the same decree, to declare that the final judgment of the probate court was and should remain in force, and yet deny its legal operation and effect. State v. Evans, 83 Mo. 322, and cas.…
1Opinion of the CourtBlack, J.
This is a suit brought by Patterson against Booth and Barada, the administrator of Horner, Lancaster, and the State Savings Association to set aside a deed of trust executed by Horner to Lancaster to secure the payment of $2,500, and for other relief.
*410The facts are these: On the twenty-third of December, 1874, W. EL Horner was duly appointed curator of the estate of the plaintiff, Charles L. Patterson, a minor. Horner as such curator received from J. B. Johnson, who was the former guardian of the minor, notes, stock and cash amounting to something over $24,000. As part of these assets there…
2Cases cited17 opinions
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Mayes v. RobinsonSupreme Court of Missouri · 1887
- Ward v. DavidsonSupreme Court of Missouri · 1886
- Logan v. SmithSupreme Court of Missouri · 1876
- Orrick v. DurhamSupreme Court of Missouri · 1883
12 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Gross v. WattsSupreme Court of Missouri · 1907
- Seibel v. BathWyoming Supreme Court · 1895
- Freeman v. MoffittSupreme Court of Missouri · 1893
- State ex rel. Patterson v. TittmannSupreme Court of Missouri · 1896
- George v. SurkampSupreme Court of Missouri · 1934
25 more not listed; retrieve them via the Exa API.