Benz v. Powell

This is an appeal from the ■ Circuit Court of Pettis County, Missouri. The fe’gular judge was disqualified, and the cause was tried before the Honorable A. W. Walker,1 judge of the Ninth Judicial Circuit of this ‘State, who found the issues in favor of the respondents.

Appellants contend that this is an action for. an accounting, while . respondents contend it is an action to follow trust funds. From an examination o£ the pleadings and the trial theory, we have concluded that the contention of the respondents is correct. The petition is in five counts and each count is the same, with the…