Coffee's Administratrix v. Crouch
Supreme Court of Missouri
Error to Newton Circuit Court. Demurrer to a petition. The following is the petition: “ Plaintiff states that one Nathaniel ~W. Coffee departed this life in Overton county, in the state of Tennessee, some time in the month of August, in the year 1833, and left at his death a son, to-wit, Granville Coffee, who was his only heir and distributee.
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Error to Newton Circuit Court. Demurrer to a petition. The following is the petition: “ Plaintiff states that one Nathaniel ~W. Coffee departed this life in Overton county, in the state of Tennessee, some time in the month of August, in the year 1833, and left at his death a son, to-wit, Granville Coffee, who was his only heir and distributee. Plaintiff further states that the said Nathaniel at the time of his death was the owner of and had in his possession a negro girl named Letty, and a considerable amount of other personal property ; that afterwards, to-wit, on the 4th day of November,…
1Opinion of the Court
Scott, Judge,
delivered the opinion .of the court.
The proceedings in this case are not remarkable for their regularity, but we are not prepared to say that substantial justice has not been done by the judgment of the court below. The defendant has no right whatever to the money or property in controversy. His intestate Barker only claimed the fund as trustee, and'why suffer the defendant, claiming as Barker’s administrator, to hold it against the cestui que trust? The fact that the money and property were recovered from the plaintiff (Mrs. Barker) by the defendant Crouch, as ad*109ministrator of…
2Cases cited1 opinion
- De Valengin's Administrators v. DuffySupreme Court of the United States · 1840
3Cited by4 opinions
- Turner v. EdmonstonSupreme Court of Missouri · 1908
- Elliott v. Landis Machine Co.Supreme Court of Missouri · 1911
- Witte v. StormSupreme Court of Missouri · 1911
- Woodlee v. BurchSupreme Court of Missouri · 1869