Allison v. Cemetery Caretaking Co.
Supreme Court of Missouri
Appeal from Ray Circuit Court. — Hon. F. P. Divelbiss, Judge. (1) Plaintiffs’ petition did not state facts sufficient to constitute a cause of action, and -upon the face of the whole record the decree and judgment should have been for defendants. Alward v. Boatwright, 193 S. W. 570. (2) The deed of the Lawson Cemetery Company by J. A. Smith its president conveyed the equitable (if not the legal) title to the unsold and unoccupied, lots to the Cemetery Caretaldng Company.
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Appeal from Ray Circuit Court. — Hon. F. P. Divelbiss, Judge. (1) Plaintiffs’ petition did not state facts sufficient to constitute a cause of action, and -upon the face of the whole record the decree and judgment should have been for defendants. Alward v. Boatwright, 193 S. W. 570. (2) The deed of the Lawson Cemetery Company by J. A. Smith its president conveyed the equitable (if not the legal) title to the unsold and unoccupied, lots to the Cemetery Caretaldng Company. Shaffer v. Detie, 191 Mo. 392; Martin v. Nixon, 92 Mo. 35. (3) The Cemetery Caretaldng Company having executed and…
1Opinion of the Court
On April 2, 1917, plaintiffs commenced this action in the Circuit Court of Ray County, Missouri, in two counts. The first is a proceeding under Section 2535, Revised Statutes 1909, to quiet title to the real estate in controversy. The second is a proceeding in equity, to set aside and cancel certain conveyances under which defendants claim title to said real estate.
On March 13, 1873, Thomas Finch, the owner of said property, conveyed the same, by warranty deed, to Joseph A. Smith, William W. Smith, John Crowley, Allison Smith, Robert H. Finch, George Young, George W. Montgomery, Francis…
2Cases cited11 opinions
- Missouri Pacific Railway Co. v. RichmondTexas Supreme Court · 1889
- Emmel v. HayesSupreme Court of Missouri · 1890
- Anderson v. GainesSupreme Court of Missouri · 1900
- Brown v. Maplewood Cemetery Ass'nSupreme Court of Minnesota · 1902
- Haydon v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Robinson v. FieldSupreme Court of Missouri · 1938
- United Cemeteries Co. v. StrotherSupreme Court of Missouri · 1933
- Abrams v. Lakewood Park Cemetery Ass'nSupreme Court of Missouri · 1946
- Shelton v. M & a Electric Power CooperativeMissouri Court of Appeals · 1970
- Bevins v. HarrisSupreme Court of Missouri · 1964
4 more not listed; retrieve them via the Exa API.