Jackson v. Phalen
Supreme Court of Missouri
Appeal from Iron Circuit Court. — Hon. Joseph J. Williams, Judge. (1) When, in an action at law, equitable questions are interposed, the entire case is thereby converted into a suit in equity, and will be so regarded, both in the trial court and on appeal.
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Appeal from Iron Circuit Court. — Hon. Joseph J. Williams, Judge. (1) When, in an action at law, equitable questions are interposed, the entire case is thereby converted into a suit in equity, and will be so regarded, both in the trial court and on appeal. Durfee v. Moran, 57 Mo. 375; Saving Inst. v. Collonious, 63 Mo. 295; Allen v. Logan, 96 Mo. 597; McCullum v. Boughton, 132 Mo. 621; Swon v. Stevens, 143 Mo. 392; Lewis v. Rhodes, 150 Mo. 501; Ridgeway v. Herbert, 150 Mo. 612. (2) While it is true that in equity cases where the evidence consists wholly or almost entirely of parol evidence,…
1Opinion of the Court
BOND, C.
This action is to quiet title to certain lands which belonged to Joseph C. Howell at the date of his death. The plaintiffs are the subvendees of Sobrina Howell, who elected as the widow of Joseph C. Howell to take one-half of his estate in lieu of dower. At the time of the death of Joseph C. Howell he also left surviving him a little boy, Howard Russell Howell,, whom he and said Sobrina Howell had reared and •treated as their child, and asserted that he was born *146about two years after a marriage ceremony between them. After the death of Joseph C. Howell, this child died leaving no…
2Cases cited11 opinions
- Cartwright v. McGownIllinois Supreme Court · 1887
- Orthwein v. ThomasIllinois Supreme Court · 1889
- Imboden v. St. Louis Union Trust Co.Missouri Court of Appeals · 1905
- Maier v. BrockSupreme Court of Missouri · 1909
- Klein v. LaudmanSupreme Court of Missouri · 1860
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Carr v. CarrSupreme Court of Missouri · 1950
- Simpson v. BlackburnMissouri Court of Appeals · 1967
- Smith v. SmithIdaho Supreme Court · 1919
- Rasco v. RascoMissouri Court of Appeals · 1969
- Welch v. All PersonsMontana Supreme Court · 1927
14 more not listed; retrieve them via the Exa API.