McQuitty v. Wilhite
Supreme Court of Missouri
Appeal from Boone Circuit Court.— Hon. Alex. H. Waller, Judge. The heirs of W. R. Wilhite deceased were necessary parties to this action to obtain a conveyance of the land, and hence the plaintiffs petition against the administrators alone wholly fails to state a case for specific performance. Schoulter v. Bockwinkles ’ Admr., 19 Mo. 647; Moore v. Murrah, 40 Ala. 573; Duncan v. Wieldiffe, 5 111. 452; Craig v. Johnson, 3 J. J. Marsh.
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Appeal from Boone Circuit Court.— Hon. Alex. H. Waller, Judge. The heirs of W. R. Wilhite deceased were necessary parties to this action to obtain a conveyance of the land, and hence the plaintiffs petition against the administrators alone wholly fails to state a case for specific performance. Schoulter v. Bockwinkles ’ Admr., 19 Mo. 647; Moore v. Murrah, 40 Ala. 573; Duncan v. Wieldiffe, 5 111. 452; Craig v. Johnson, 3 J. J. Marsh. (Ky.) 572; Hale v. Darter, 5 Humphrey (Tenn.) 79'; Woodward v. McConnaughey, 106 Fed. 758; Rogers v. Wolfe, 104 Mo. 1. The heirs of a deceased vendor are…
1Opinion of the CourtGraves, J.
-By the first count of the petition the plaintiff avers that at the request of the deceased, W. R. Wilhite, she went to his home and that after remaining there for six months: .
“The said W. R. Wilhite proposed, promised and agreed that if plaintiff would remain with the deceased, W. R. Wilhite, and render to said AY. R. Wilhite household services in the way of keeping house, doing washing, ironing, and perform any and all such other services incident thereto so long as the said deceased, W. R. Wilhite, should live, that he, the said deceased, would at, or prior to his death, make ample…
2Cases cited4 opinions
- Nofsinger v. HartnettSupreme Court of Missouri · 1884
- Davis v. Jacksonville Southeastern LineSupreme Court of Missouri · 1895
- Sturgeon v. SchaumburgSupreme Court of Missouri · 1867
- Aubuchon v. LorySupreme Court of Missouri · 1856
3Cited by15 opinions
- McKee v. DowningSupreme Court of Missouri · 1909
- Massell Realty Co. v. HanburySupreme Court of Georgia · 1927
- Lyons v. LyonsSupreme Court of Oklahoma · 1938
- Boatmen's National Bank v. FleddermanSupreme Court of Missouri · 1944
- State Ex Rel. Metropolitan Life Insurance v. HughesSupreme Court of Missouri · 1941
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