Springfield Grocer Co. v. Shackelford
Missouri Court of Appeals
Appeal from the Greene ' Circuit Court. — Hon. W. D. Hubbabd, Judge. (1) The court excluded the mortgage offered by the plaintiffs, because it appeared from the evidence aliunde that it was executed by Margaret Woods as a .surviving partner, and hence the evidence showed no authority in her to execute a mortgage on partnership property.
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Appeal from the Greene ' Circuit Court. — Hon. W. D. Hubbabd, Judge. (1) The court excluded the mortgage offered by the plaintiffs, because it appeared from the evidence aliunde that it was executed by Margaret Woods as a .surviving partner, and hence the evidence showed no authority in her to execute a mortgage on partnership property. In this the court dearly erred, because the rule is now well settled that both in law and in equity the whole personal estate of a decedent vests in the executor or the administrator. Boeger v. Langenberg, 42 Mo. App. 7; Beer aft v. Lewis, 41 Mo. App. 546;…
1Opinion of the CourtBond, J.
— Plaintiffs secured a mortgage from' Margaret Woods, covering partnership assets of the' firm of Swift & Woods, of which she was a member, but which had been dissolved by the death of her copartner. She was appointed administratrix of the-partnership estate, and executed the said mortgage-without any authority of the court conducting the-administration.
Plaintiffs caused the said mortgage to be recorded,, . and took possession thereunder and placed a man ih charge of the goods, who acted for plaintiffs for a few days, when the goods were attached by the sheriff under1 some writ whose exact…
2Cases cited3 opinions
- Anderson v. GouldbergSupreme Court of Minnesota · 1892
- Boeger v. LangenbergMissouri Court of Appeals · 1890
- Weeks v. EtterSupreme Court of Missouri · 1884
3Cited by6 opinions
- Rosentreter v. BradyMissouri Court of Appeals · 1895
- Maryville National Bank v. SnyderMissouri Court of Appeals · 1900
- Pallen v. BogyMissouri Court of Appeals · 1899
- Westbay v. G. D. Milligan & SonMissouri Court of Appeals · 1901
- Friar v. McNamaMissouri Court of Appeals · 1897
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