Legal Opinion

McAllister v. Williams

Missouri Court of Appeals

Decided November 9, 1886PublishedCited by 3 opinions

Appeal from the Scotland County Circuit Court, Ben. E. Turner, Judge. It was not necessary to present the claim against the decedent’s estate. Sauer v. Griffith, 67 Mo. 654. The action is properly brought against the heirs direct, and they are liable to the extent of the assets descended. Wallcer v. Heavier, 79 Mo. 664; Miller v. Bledsoe, 61 Mo. 96. They are liable pro rata.

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Appeal from the Scotland County Circuit Court, Ben. E. Turner, Judge. It was not necessary to present the claim against the decedent’s estate. Sauer v. Griffith, 67 Mo. 654. The action is properly brought against the heirs direct, and they are liable to the extent of the assets descended. Wallcer v. Heavier, 79 Mo. 664; Miller v. Bledsoe, 61 Mo. 96. They are liable pro rata. Metcalf v. Smith, 40 Mo. 572. And when the breach ocurs after final settlement, a court of equity has jurisdiction to cause the damages to be paid •out of personal assets. Hall v. Martin, 46 N. H. 337; Penn v. Lord…

1Opinion of the CourtRombauer, J.

The following are the facts of the case as shown by the record before us :

In 1854 Thomas Richardson, the owner of certain lands in Scotland county, laid the same out as Richard, .son’s addition to the town of Memphis, and made a plat, thereof which was duly recorded. A strip of land was marked on said plat as Smith street. • He subsequently ■conveyed the lands to Eugene Williams and the latter conveyed them in 1871 to one Byrne with covenants of ■seizin, warranty, and against incumbrances. Eugene Williams died in 1872, leaving surviving him his widow, the defendant Mary, and two children, the…

2Cases cited1 opinion

  1. Titterington v. HookerSupreme Court of Missouri · 1875

3Cited by3 opinions

  1. Estate of Meeker v. SwiftMissouri Court of Appeals · 1891
  2. Meeker v. StraatMissouri Court of Appeals · 1889
  3. Busey v. SmithU.S. Circuit Court for the District of Indiana · 1895

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