State ex rel. Reyburn v. Ruggles
Citation | 23 Mo. 339 |
Parties | THE STATE, TO THE USE OF REYBURN et al., Respondents, v. RUGGLES et al., Appellants. |
Decision Date | 31 October 1856 |
Court | United States State Supreme Court of Missouri |
1. An administrator de bonis non is not liable for a failure to collect judgments recovered by a previous administrator, and which were assets belonging to the estate, where it does not appear that he had notice of their existence.
2. The Supreme Court will not draw inferences of fact from other facts stated in the finding of the court below.
Appeal from Washington Circuit Court.
This case has heretofore been in this court, and will be found reported 20 Mo. 99. The cause was tried upon the following agreed statement of facts, which also constituted the finding of the facts by the court:
Upon these facts, the court stated the following conclusion of law: “That the judgments of Joseph N. Reyburn v. Jones and others, being obtained upon notes taken by said Joseph N. for property of the estate purchased at the sale, are not on that account the individual property of said Joseph N., but were in his hands and assets of said estate of Joseph Reyburn, deceased; and having come or been brought to the knowledge of said Ruggles after he became administrator de bonis non, and he failing to collect or account for said judgment, is liable therefor.” Judgment was accordingly rendered on the bond against the principal and sureties, from which judgment an appeal was taken to this court.
Perryman, for appellants.
Frissell, for respondents.
The agreed facts do not...
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Ervin v. Brady
...and warrant the conclusions of law and judgment rendered thereon. (Pearce v. Burnes, 22 Mo. 577; Pearce v. Roberts, 22 Mo. 582; State v. Ruggles, 23 Mo. 339.) G. H. Green and L. Houck, for defendant in error. No finding of the facts by the Circuit Court was necessary. (Judge v. Booge, 47 Mo......