Seek v. Haynes
Supreme Court of Missouri
Appeal from Bay Circuit Court. — Hon. Geo. W. Dunn, Judge. It is insisted that the proceedings in the probate court by the appellant for the sale of the land, instituted by her, was an adjudication in law, and the final order so made as aforesaid was in the nature and had the force and effect of a judgment. It was in a court having competent jurisdiction with all the parties interested and all the facts and subject matter before it.
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Appeal from Bay Circuit Court. — Hon. Geo. W. Dunn, Judge. It is insisted that the proceedings in the probate court by the appellant for the sale of the land, instituted by her, was an adjudication in law, and the final order so made as aforesaid was in the nature and had the force and effect of a judgment. It was in a court having competent jurisdiction with all the parties interested and all the facts and subject matter before it. It was final — predicated upon the law and the facts, possessing all the features of a judgment or decree — passes title to the purchaser, and is legally…
1Opinion of the CourtSherwood, C. J.
Plaintiff instituted this proceeding in the Ray probate court to have a homestead set out to her and her two minor children. On the cause being appealed by her to the circuit court, it was submitted upon the following agreed statement: First, That John K Seek departed this life, intestate, on the 18th day of May, 1873, seized and possessed of an indefeasible estate, in fee simple, in and to about 195 acres of land in Ray county, State of Missouri, leaving Mary Seek, appellant herein, as his widow, and also two minor children, and at the time of .the death of the said Seek, and for a long time…
2Cases cited1 opinion
- Gragg v. GraggSupreme Court of Missouri · 1877
3Cited by4 opinions
- Murphy v. De FranceSupreme Court of Missouri · 1890
- Iltz v. KriegerOregon Supreme Court · 1922
- Burke v. MurphySupreme Court of Missouri · 1918
- Payne v. Daviess County Savings Ass'nMissouri Court of Appeals · 1907