Leeper v. Taylor
Supreme Court of Missouri
Appeal from Lewis Circuit Court. — Hon. B. E. Turner, , Judge. (1) The court committed an error in permitting any evidence to be introduced by plaintiff, and in overruling appellant’s motion in arrest of judgment, for the reason that the petition does not state facts sufficient to constitute a cause of action against defendant,' because the petition does not show or aver any authority in respondent to take charge of the estate of Clarissa Taylor, deceased, nor to bring this…
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Appeal from Lewis Circuit Court. — Hon. B. E. Turner, , Judge. (1) The court committed an error in permitting any evidence to be introduced by plaintiff, and in overruling appellant’s motion in arrest of judgment, for the reason that the petition does not state facts sufficient to constitute a cause of action against defendant,' because the petition does not show or aver any authority in respondent to take charge of the estate of Clarissa Taylor, deceased, nor to bring this suit; bnt on the contrary the petition discloses on.its face such a state of case as shows that plaintiff was not…
1Opinion of the CourtBlack, J.
John 'H. Leeper, public administrator of Lewis county, having in charge the estate of Clarissa Taylor, brought this suit against William I. Taylor to recover the rental value of two hundred and sixty acres of land for some seven years.
The trial court gave judgment for the plaintiff for $5,392.46, from which defendant appealed.
Jeremiah Taylor and his wife Clarissa, by their deed dated the thirtieth of May, 1877, conveyed the two hundred and sixty acres in question and other lands and personal property to their son, the defendant in this suit. Jeremiah Taylor owed at that date some *319$26,000.…
2Cases cited6 opinions
- Marvin v. . BrooksNew York Court of Appeals · 1883
- Wade v. HardySupreme Court of Missouri · 1882
- Wetzell v. WatersSupreme Court of Missouri · 1853
- Lane v. EwingSupreme Court of Missouri · 1860
- Clarke v. PierceMichigan Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Ewing v. ShannahanSupreme Court of Missouri · 1892
- Melvin v. HoffmanSupreme Court of Missouri · 1921
- Cook v. HigginsSupreme Court of Missouri · 1921
- Curd v. BrownSupreme Court of Missouri · 1899
- Lemp Brewing Co. v. SteckmanMissouri Court of Appeals · 1914
19 more not listed; retrieve them via the Exa API.