88 Mo. 146 | Mo. | 1885
This case was commenced in the probate ■court of Andrew county on December 15, 1879, upon the following statement of account:
i: Henry Thies, Jr., states that he was possessed in his own right of real estate in Grant county, state of ■ Wisconsin, when an infant three years of age. That Henry 'Thies, Sr., deceased,- was, upon his own petition to the probate court of Grant county, state of Wisconsin, appointed guardian for the appellant and for the estate of the appellant, and that he accepted said guardianship .and trust, and was duly qualified and entered upon the duties of the said guardian January 30, A. D. 1855. 'That said Henry Thies, Sr., as such guardian, on the thirty-first day of January, 1855, petitioned said probate -court for an order to sell the real estate of said minor, Henry Thies, Jr., the appellant herein, that he might in-
In the circuit court the case by agreement was tried by the court without a jury, no instructions were asked •or given and the finding of the court was for the defendant, generally, without specifying on which count or whether on both counts of the answer. On this
We may further add that if the finding and judgment of the trial court on the plea of “payment and satisfaction” in the case is conclusive upon us, as under the authorities we must hold, then it is wholly immaterial how the court below may have held as to the statute of limitation. If the-claim was paid by the testator in his lifetime that is the end of the matter. This leads to an affirmance of the case,