Carey v. West

• Decision Date: 03 December 1901
• Citation: Carey v. West, 65 S.W. 713, 165 Mo. 452 (Mo. 1901)
• Parties: CAREY et al. v. WEST et al.
• Court: Missouri Supreme Court

65 S.W. 713

165 Mo. 452

CAREY et al. v. WEST et al.

Supreme Court of Missouri.

December 3, 1901.

LAW OF THE CASE.

Questions of law passed on by the court on an appeal are the law of the case, and the rulings must be followed on remand.

Sherwood, J., dissenting.

In banc. Appeal from circuit court, Greene county; T. J. Murray, Judge.

Action by Mary A. Carey and others against Sarah M. West and others for the admeasurement of the dower of defendant Sarah M. West as widow of Enoch Harrington, deceased. Judgment for plaintiffs, and defendants appeal. Reversed.

The following is the opinion in department (BURGESS, J.):

"This is the second appeal in this case. It was before this court at the April term, 1897, and is reported in 139 Mo. 146, 40 S. W. 661. At that time several tracts of land other than the tracts involved in this appeal were in controversy. The judgment of the trial court was affirmed (which was for the defendants) as to all the land, except three forty-acre tracts, which are referred to and described in the record and decision as the three east forties, designated on the plat as 1, 2, and 3. As to these three forties it was held by this court that the defendant Sarah M. West had bought them at administrator's sale, and paid for them; that because of irregularities in the proceedings in the probate court, as she acquired no title, that she was entitled to a lien on the land for the purchase money paid by her for it, which should be paid before the assignment of her dower; and that the trial court committed error in allowing compensation for improvements before dower should be assigned. The judgment was therefore reversed, and the cause remanded for the ascertainment of the amount of the purchase money paid by her for each forty, and the interest thereon; and, in accordance with these rulings, defendants filed separate answers, in which they asked to be reimbursed the purchase money before the widow's dower should be assigned. The trial court, however, construed the former decision as leaving open for investigation the sale and purchase by Mrs. West of the lands in question, went into all the facts and details of the administration, including the charges of fraud in the management of the estate, and found that there was no fraud, but found that the purchase money was not paid. Defendants appeal. All the legal propositions presented by this appeal, and passed upon by the court below upon the last trial, were passed upon by this court whe...