Day v. Graham
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. H. K. White, Special Judge. (1) The court erred in finding for respondent. The evidence is conclusive that defendant never paid or agreed to pay any consideration whatever for said land. Defendant obtained said deed from the administrator by fraud and deception. Elizabeth Hawkins never had any claim against said estate ; neither did William Hawkins nor Graham.
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Appeal from Buchanan Circuit Court. — Hon. H. K. White, Special Judge. (1) The court erred in finding for respondent. The evidence is conclusive that defendant never paid or agreed to pay any consideration whatever for said land. Defendant obtained said deed from the administrator by fraud and deception. Elizabeth Hawkins never had any claim against said estate ; neither did William Hawkins nor Graham. (2). The order of sale, not being at a time when an annual settlement is due, is void. Patee v. Mowry, 59 Mo. 161. (3) The court, on the trial, committed error in excluding evidence that would…
1Opinion of the CourtBlack, J.
This is a suit by Mrs. Bay, who is the sole heir of Simon Hawkins, and by the heirs of William-Hawkins to set aside an administrator’s deed, -conveying to the defendant 148 acres of land which was formerly owned by the ancestors of these plaintiffs. The court, on a hearing of the cause, dismissed the petition, and the plaintiffs appealed.
It appears that Simon and William Hawkins were partners, and as such owned the 148 acres of land in suit, and also other lots and lands. Simon died in 1875, and William Hawkins then took out letters of administration, but his letters were revoked for failure…
2Cases cited4 opinions
- Greenwell v. HeritageSupreme Court of Missouri · 1880
- Welton v. HullSupreme Court of Missouri · 1872
- Teverbaugh v. HawkinsSupreme Court of Missouri · 1884
- Patee v. MowrySupreme Court of Missouri · 1875
3Cited by7 opinions
- Myers v. MyersSupreme Court of Missouri · 1889
- Pierce v. National Bank of Commerce in St. LouisCourt of Appeals for the Eighth Circuit · 1926
- Darr v. ThomasMissouri Court of Appeals · 1907
- Lewis W. Thompson & Co. v. Conran-Gideon Special Road DistrictSupreme Court of Missouri · 1929
- Chemical Co. v. Edwards.Supreme Court of North Carolina · 1904
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