Murphy v. Barron
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. J. P. Foard, Judge. (1) A convict confined in the penitentiary for a term less than life is civilly dead, and when his estate is being attacked hy a suit, he can, under the statute, he in court only through a trustee, and no valid judgment affecting his property can he rendered until the trustee has been appointed and brought into court.
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Appeal from Butler Circuit Court. — Hon. J. P. Foard, Judge. (1) A convict confined in the penitentiary for a term less than life is civilly dead, and when his estate is being attacked hy a suit, he can, under the statute, he in court only through a trustee, and no valid judgment affecting his property can he rendered until the trustee has been appointed and brought into court. Secs. 289Í to 2920, R. S. 1909; McLaughlin v. McLaughlin, 228 Mo. 635. (2) The judgment and proceedings in the case of the Butler County Railroad Company v. Murphy, Barron et al., did not affect the rights of the…
1Opinion of the Court
BROWN, C.
This suit was instituted in the Butler Circuit Court December 5, T914, by petition containing two counts. The first of these is framed upon the provisions of Section 2535, Revised Statutes 1909, and is, omitting caption and signatures, as follows:
“Plaintiffs, for their cause of action, state that they are the owners of and claim the legal title to the following described real estate, lying, being and situate in the county of Butler, and State of Missouri, to-wit; all of the Southwest Quarter of the Southeast Quarter of Section Seventeen in Township Twenty-four north, Range Seven…
2Cases cited5 opinions
- State ex rel. Williams v. PurlSupreme Court of Missouri · 1910
- McLaughlin v. McLaughlinSupreme Court of Missouri · 1910
- St. Louis Railway Co. v. Southern Railway Co.Supreme Court of Missouri · 1897
- Williams v. ShacklefordSupreme Court of Missouri · 1888
- Butler County Railroad v. BarronMissouri Court of Appeals · 1913
3Cited by11 opinions
- State Ex Rel. Utility Consumers Council of Missouri, Inc. v. Public Service CommissionSupreme Court of Missouri · 1979
- Murphy v. BarronSupreme Court of Missouri · 1921
- Thompson v. BondDistrict Court, W.D. Missouri · 1976
- State Ex Rel. Brickey v. NolteSupreme Court of Missouri · 1943
- American Family Mutual Insurance Co. v. MasonMissouri Court of Appeals · 1985
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