Klingelhoefer v. Smith
Missouri Court of Appeals
Prohibition. (1) A resort to a court of equity to set aside or annul a title at law is a direct attack upon that title, and the judgment will affect the title. Edwards v. Bail-road, 148 Mo. 516. A proceeding in equity which brings the holder of the legal title before the court for the purpose of charging his land with a demand to which he is a stranger, directly affects and involves the title.
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Prohibition. (1) A resort to a court of equity to set aside or annul a title at law is a direct attack upon that title, and the judgment will affect the title. Edwards v. Bail-road, 148 Mo. 516. A proceeding in equity which brings the holder of the legal title before the court for the purpose of charging his land with a demand to which he is a stranger, directly affects and involves the title. The title is an absolute protection to the owner of it unless in equity it should be set aside or qualified. Petitioners claim an absolute title, and Rieschick can not succeed without impeaching it.…
1Opinion of the CourtValliant, J.
This is an application for a writ of prohibition to be directed against the judges of the Kansas City Court of Appeals on the alleged ground that they have assumed appellate jurisdiction of a case in which title to real estate is involved.
For the purposes of this application the following is a sufficient statement of the facts:
The petitioners, Elizabeth Klingelhoefer et al., in December, 1897, brought a suit in equity against Margaret Ziemendorf, their mother, alleging that she had purchased certain real estate in the city of St. Joseph with their money and had taken the title in her own…
2Cases cited9 opinions
- Price v. BlankenshipSupreme Court of Missouri · 1898
- State ex rel. Haeussler v. Court of AppealsSupreme Court of Missouri · 1877
- State ex rel. Campbell v. St. Louis Court of AppealsSupreme Court of Missouri · 1888
- Bailey v. WinnSupreme Court of Missouri · 1890
- Corrigan v. MorrisSupreme Court of Missouri · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Loewenstein v. Queen InsuranceSupreme Court of Missouri · 1910
- State Ex Rel. Brown v. HughesSupreme Court of Missouri · 1940
- State ex rel. South Missouri Pine Lumber Co. v. DearingSupreme Court of Missouri · 1904
- State Ex Rel. Siegel v. StrotherSupreme Court of Missouri · 1956
- State ex rel. Reed v. ElliottSupreme Court of Missouri · 1904
13 more not listed; retrieve them via the Exa API.