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47 Mo. 390

Picot v. Bates

Supreme Court of Missouri

Decided March 15, 1871

Supreme Court of Missouri · decided 1871-03-15

<p>Administration — Final settlement has the force of a judgment.— An adminis- - trator’s final settlement must bind the estate with the force of ajudo-ment unless it can be impeached for fraud. S</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1871-03-15

How this case has been cited

Cited by 13 later decisions — most recently May 1949

13 state decisions

5018711880189019001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1On motion for rehearing, the court delivered the following opinion:

¶2The plaintiff asks for a rehearing upon the ground of a mistake in the opinion in the date of the deed from Nash to Mrs. Dillon, caused by an incorrect minute in the record. The correct date does not affect the case, the conclusion of law not being drawn from it. It is difficult to resist the conviction that there was fraud or mistake in the settlement complained of. Without extrinsic explanation, the error is so very obvious as to lose one of the badges of fraud. At this day the matter can not be explained. But more than twenty years have elapsed, and we are called on to say that a judgment regularly entered and long acquiesced in shall be impeached for fraud because merely the consistency of the account adjudged can not now be shown. It would never do to adopt such a practice.

¶3The motion is overruled.

The other judges concur.
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