Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 69

 
9781236742704: Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 69

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 edition. Excerpt: ...We think the defense should have been sustained and a decree entered in accordance. We will, therefore, reverse the judgment for the plaintifi and remand the cause, with directions to the circ-uit court to proceed in accordance with this opinion after Mrs. Dixon shall have been made a party. The other judges concur. 1. Administration: JUDGMENT: LIMITATIONS. No judgment is too old to be allowed against the estate of a decedent until the time has elapsed since its rendition, which the law designates as the period when presumption of payment may be indulged. R. S. 1879, Q 325. 2----: PRESENTATION or nnnnnns: NOTICE. In presenting a judgment for allowance against the estate of a decedent, the same notice is required as in the presentation of other demands. Error to Balls Circuit C'ourt.--HON. J onn T. REDD, Judge. Mo. 640; McKiriney v. Davis, 6 Mo. 501; Carondelet vDesnoyer, 27 Mo. 36.. NORTON, J.--On August 19th, 1873, the judge of probate of Ralls county filed in the office of the clerk of the circuit court of said county, a transcript of the record of the probate court of said county in this cause, on an appeal from the judgment of said court, from which it appears that on June 10th, 1873, Martha A. V. Taylor, by her trustee, presented a petition to the said probate court asking that a certain judgment of the Rails circuit court rendered March 27th, 1858, be classified against the estate of Thomas Taylor, deceased, in the fourth class of demands; that the parties appeared and submitted the matter to the court, and that the court decided against the demand. Said petition alleges that on March 27th, 1858, in an action for divorce between Martha A. V. Taylor and Thomas Taylor, the deceased, then pending, the circuit court of Rails county...

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