Reports of Cases Argued and Determined in the Supreme Court of the State of Missouri, From 1845 TO 1846.
by B. F. Stringfellow, Attorney General and ex-officio Reporter."
Edited and Annotated by Louis Houck Counselor at Law

JULY TERM, 1845. - 211
State v. Porter et al.
356 THE STATE, TO USE OF JAS. DARLAND, ADM'R, &c., v. JOHN S. PORTER, GEORGE KAY, & ISAAC COTTON.
1. ADMINISTRATION-PRACTICE-EVIDENCE-FINAL SETTLEMENT.-In an action of debt on the administration bond, against an administrator who had been removed, brought by "the administrator de bonis non, for refusing to pay over the moneys, &c., in his hands, belonging to the estate of the deceased, it is not necessary to show a final settlement made by the displaced administrator, and an order for payment made thereon by the County Court.
2. SAME--STATUTE CONSTRUED,--The 34th section, 1st article of the act of 1835, concerning Administrators, is not restrictive, but merely directs suits to be brought in certain specified cases. -
3. SAME.--The 35th section, same article, gives a remedy under any circumstances.
4. PRACTICE--PLEADING.--Declaration contained but one count, in which two breaches were set out. One of the breaches being good, will sustain the declaration.
5. SAME.--The proper remedy in a case where one breach is defective, is to move on the trial to exclude all evidence relating to that breach.
ERROR TO PLATTE.

ISAAC N. JONES, for Plaintiff.
Doniphan & Baldwin, for Defendants. 1. It is not alleged in the declaration that the order of the County Court ' ISAAC COTTON, the original administrator, to pay over the moneys and effects in his hands to the plaintiff, the administrator de bonis non—was made upon a final settlement of his, the original administrator's, accounts. This objection goes to the whole declaration. Rev. Stat. p. 44, § 34. 2. The first breach is insufficient in this, that it is not alleged in that breach, that said COTTON failed, neglected and refused to deliver the said moneys, credits, promissory notes and effects, to any particular person; and especially it is not alleged, that he failed to deliver them to the plaintiff, but generally, that he failed to deliver them.

Also, see notes (Bio) under son, Allen W. Cotton's notes.

Home in 1850: Center, Wayne, Indiana, USA
264-264 Cotten indexed as Colter
John King 67, farmer, 18,000, KY
Judith King 61, VA
Jackson King 8, Ind
Martha Onad 31, Ohio
Robert Cotten 17, Ind
265-265 Cotten indexed as Colter
Jane Cotten 45, KY
Louisa Cotten 14, Ind
Allen Cotten 10, Mo
Isaac Cotten 7, Mo (about 1843)
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Home in 1880: South Homer, Champaign, Illinois
Louisa Gunder 43
Ada B. Gunder 13
Anna G. Gunder 11
Almeda Gunder 9
Jane Cotton 76, mother, Divorced