Mueller v. Kaessmann
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Jos. P. G-rubb, Judge. This was an action of ejectment by Christian Mueller and Prederika Mueller, Ms wife, for lot 6 in block 26 in the city of St. Joseph. Defendant, Kaessmann, the tenant, answered, stating that he held under the trustees of the “Evangelical Lutheran St. Peter’s Congregation,” a church of which he is pastor.
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Appeal from Buchanan Circuit Court. — Hon. Jos. P. G-rubb, Judge. This was an action of ejectment by Christian Mueller and Prederika Mueller, Ms wife, for lot 6 in block 26 in the city of St. Joseph. Defendant, Kaessmann, the tenant, answered, stating that he held under the trustees of the “Evangelical Lutheran St. Peter’s Congregation,” a church of which he is pastor. The trustees, who are joined as defendants in the petition, set up that their possession was solely as trustees of said church, which was organized in 1875, mainly through the activity and solicitation of the plaintiffs, who…
1Opinion
On Rehearing.
Sherwood, J.
This cause has been re-argued. Two points are urged why a different result should have been reached in the original opinion. They are, first, that *324Christian Mueller, the right of action for the possession of the land being in him alone, was estopped by his conduct from maintaining ejectment, and, second, that his. wife was not a proper party plaintiff. These points will be considered in the order presented.
I. Mrs. Mueller was seized of the land in fee in the ordinary way, no separate estate being created by the deed conferring title upon her. To her title, therefore,,…
2Cases cited19 opinions
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Hall v. StephensSupreme Court of Missouri · 1877
- Weil v. SimmonsSupreme Court of Missouri · 1877
- Edmonson v. PhillipsSupreme Court of Missouri · 1880
- Kellogg v. MalinSupreme Court of Missouri · 1876
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