Purdy v. Gault
Missouri Court of Appeals
APREAL from Bates Circuit Court, Hon. James B. Gantt, Judge. Statement of case by the court. This is a bill in equity to set aside an allowance against tlie estate of Daniel Purdy, deceased, made in the probate court of Bates county.
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APREAL from Bates Circuit Court, Hon. James B. Gantt, Judge. Statement of case by the court. This is a bill in equity to set aside an allowance against tlie estate of Daniel Purdy, deceased, made in the probate court of Bates county. The petition alleges that the plaintiffs are the heirs, as also the defendant, Sallie Nickell, of said Daniel Purdy, deceased, who died intestate in the state of Kentucky in April, 1880. The plaintiffs, at the times hereinafter mentioned were and yet are residents of the said state. The defendant, Gault, was appointed administrator of said estate by the probate…
1Opinion of the CourtPhilips, P. J.
The principal and most important question discussed by appellants on this appeal is, as to whether the circuit court had jurisdiction over the subject matter of the action. Their contention is, that under the constitution and statute laws of the state, in force when the action was brought, the circuit courts had no power to set aside such a judgment of the court of probate. The earnestness with which counsel press this point renders it respectful, if not important, to give it full consideration.
The jurisdiction of courts of' chancery to enquire into the frauds, accidents, mistakes and…
2Cases cited18 opinions
- Caldwell v. LockridgeSupreme Court of Missouri · 1845
- Dailey v. HoustonSupreme Court of Missouri · 1874
- Stewart v. CaldwellSupreme Court of Missouri · 1874
- Jones v. BrinkerSupreme Court of Missouri · 1854
- Gaylords v. KelshawSupreme Court of the United States · 1864
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3Cited by7 opinions
- Hyatt v. WolfeMissouri Court of Appeals · 1886
- Primeau v. PrimeauSupreme Court of Missouri · 1927
- Estate of Main v. Main, Exec.Missouri Court of Appeals · 1941
- Linn County Bank v. CliftonSupreme Court of Missouri · 1914
- Anable v. McDonald Land & Mining Co.Missouri Court of Appeals · 1910
2 more not listed; retrieve them via the Exa API.