First Christian Church of Dexter v. Leazenby

May an absentee, who should have been joined as a party to a lawsuit but was not, emerge the victor? Under the unsavory facts here, this court answers the question in the affirmative.

This action was commenced by the filing of a “Petition to Discover Assets” (§ 473.340 V.A.M.S.) in the Probate Court of Stoddard County, Missouri. By agreement of the parties it was certified to the circuit court of that county for a nonjury trial. The petitioners, respondents here, were First Christian Church of Dexter, a corporation, (“the church”), and W. E. Babb, Jr. (“Babb”), both of whom were named as…