Harbison v. Sanford
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court. — Hon. J. D. Foster, Judge. (1) The evidence shows conclusively that Nathan Vanhorn died in California, and that there had been no administration upon his estate. The record fails to show affirmatively, as it should, that an administration had been had, or all debts paid, before an order of distribution could go as to the interest of said Vanhorn.
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Appeal from Cape Girardeau Circuit Court. — Hon. J. D. Foster, Judge. (1) The evidence shows conclusively that Nathan Vanhorn died in California, and that there had been no administration upon his estate. The record fails to show affirmatively, as it should, that an administration had been had, or all debts paid, before an order of distribution could go as to the interest of said Vanhorn. R. S., sec. 3380. (2) The evidence shows that said note and ■deed of trust had continued to remain in the possession •of said Sanford, as attorney, up to the death of said Vanhorn, and that no fee or…
1Opinion of the Court
Buack, J. —
This was a suit for the partition of real estate among the heirs of J. C. Harbison, and Linus Sanford, who had acquired the interest of Darwin Harbison. The interest of J. H. R. Harbison was encumbered by a deed of trust, which he had made to Sanford,, as trustee, to secure a debt to Nathan Vanhorn. The heirs of Vanhorn were made parties, and the proceeds- ' of this deed of trust were ordered to be paid to them and their assignees, and, of this order, Sanford, who is the only appellant, -complains on the ground that he was a creditor of the Vanhorn estate.
The petition sets out the…
2Cases cited3 opinions
- Parkinson v. CaplingerSupreme Court of Missouri · 1877
- Yates v. JohnsonSupreme Court of Missouri · 1885
- Town of Carondelet v. Allen's ExecutorsSupreme Court of Missouri · 1850
3Cited by9 opinions
- Marsala v. MarsalaSupreme Court of Missouri · 1921
- Hiles v. RuleSupreme Court of Missouri · 1894
- Burden v. TaylorSupreme Court of Missouri · 1894
- Barkhoefer v. BarkhoeferMissouri Court of Appeals · 1902
- Clark v. SiresSupreme Court of Missouri · 1906
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