Benson v. Benson
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ho». Daniel D. Fisher, Judge. (1) As appears from the record, the gist of the contention herein is, the sale in question being void, is appellant under the evidence estopped from pleading this fact as a defense? As appears from the record, defendant contends that the sale in question is void, and respondent, in effect, admits this contention, hut claims that under the evidence appellant is estopped from attacking the validity of…
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Appeal from St. Louis City Circuit Court. — Ho». Daniel D. Fisher, Judge. (1) As appears from the record, the gist of the contention herein is, the sale in question being void, is appellant under the evidence estopped from pleading this fact as a defense? As appears from the record, defendant contends that the sale in question is void, and respondent, in effect, admits this contention, hut claims that under the evidence appellant is estopped from attacking the validity of said sale. It is true respondent contends that under section 227, Revised Statutes 1899, the prayer of his petition should…
1Opinion of the CourtGoode, J.
— The case originated in the probate conrt of the city of St. Lonis where plaintiff filed his petition for an order on the defendant to pay in full, or pro rata his fifth-class claim of $122.85, which had been dnly probated against the estate of appellant’s intestate and placed in the fifth class of demands. On a hearing in the probate conrt, that conrt made an order directing appellant to pay all demands of the first, second, third and fourth classes allowed against the estate, and fifty per cent of all the demands of the fifth class. The case was appealed to the circuit conrt by the…
2Cases cited11 opinions
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
- Melms v. Pabst Brewing Co.Wisconsin Supreme Court · 1896
- Mock v. PleasantsSupreme Court of Arkansas · 1879
- White v. IselinSupreme Court of Minnesota · 1880
- Otis v. KennedyMichigan Supreme Court · 1895
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3Cited by1 opinion
- Ambruster v. AmbrusterSupreme Court of Missouri · 1930