Schneider v. Patton
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Now. A. M. Woodson, Judge. (1) The decree in this case can not be sustained because it is not responsive to the issues made by the petition. Ross v. Ross, 81 Mo. 84; Reed v. Bott, 100 Mo. 62. (2) The petition is an ordinary bill to set aside an alleged fraudulent deed and to subject certain real estate to the lien of plaintiff’s judgment. No allegations are made which justify, a personal judgment.
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Appeal from Buchanan Circuit Court. — Now. A. M. Woodson, Judge. (1) The decree in this case can not be sustained because it is not responsive to the issues made by the petition. Ross v. Ross, 81 Mo. 84; Reed v. Bott, 100 Mo. 62. (2) The petition is an ordinary bill to set aside an alleged fraudulent deed and to subject certain real estate to the lien of plaintiff’s judgment. No allegations are made which justify, a personal judgment. Dougherty v. Adkins, 81 Mo. 411; Dumphy v. Kleinschmidt, 78 U. S. 610; Story’s Eq. PL, sec. 40. (3) Although the petition contained a prayer for general relief,…
1Opinion of the Court
BURGESS, J. J.
— This is a suit by a judgment creditor of one Thomas Maney, the object of which is to subject certain lands and lots of land owned by said *691Maney to the lien and payment of certain judgments held and owned by the plaintiff against him.
The petition is as follows:
“'Plaintiff for his amended petition states that on -or about the 3d day of October, 1893, the State of Missouri, at the relation and to the use of Francis T. Conrad, recovered judgment in the. circuit court of Buchanan county, Missouri, against Thomas Maney and others, for the sum of $13,413.97, which said judgment was…
2Cases cited12 opinions
- Merry v. FremonSupreme Court of Missouri · 1869
- Newham v. KentonSupreme Court of Missouri · 1883
- Reed v. BottSupreme Court of Missouri · 1889
- St. Joseph Terminal Railroad v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- Walker v. CrawfordSupreme Court of Alabama · 1881
7 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Hecker v. BleishSupreme Court of Missouri · 1928
- Friedel v. BaileySupreme Court of Missouri · 1931
- Thompson v. HodgeMissouri Court of Appeals · 1961
- Allan v. Moline Plow Co.Court of Appeals for the Eighth Circuit · 1926
- State ex rel. McWilliams v. Little River Drainage DistrictSupreme Court of Missouri · 1916
22 more not listed; retrieve them via the Exa API.