Legal Opinion

Freeland v. Williamson

Supreme Court of Missouri

Decided May 18, 1909PublishedCited by 13 opinions

Appeal from Holt Circuit Court. — Ho». Wm. C. Ellison, Judge. (1) The court erred in making a finding and rendering a decree against all of the defendants, four of whom had not been served with summons or had other legal notice and not appearing in the action.

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Appeal from Holt Circuit Court. — Ho». Wm. C. Ellison, Judge. (1) The court erred in making a finding and rendering a decree against all of the defendants, four of whom had not been served with summons or had other legal notice and not appearing in the action. Holt County v. Harmon, 59 Mo. 165; Jasper County v. Wadlow, 82 Mo. 172. (2) The court erred in permitting plaintiff to testify and her evidence was inadmissible because she was one of the original parties to the cause of action and the other party, her husband, is dead. Sec. 4652, R. S. 1899; Angelí v. Heater, 64 Mo. 142; Ring v.…

1Opinion of the Court

GANTT, P. J.-

This suit was instituted by the respondent, Joannie Freeland, widow of John H. Free-land, to establish a resulting trust in plaintiff in an eighty-acre tract of land described in the petition. The defendants are the eight children of the plaintiff and her said husband, together with the husbands of the married daughters. Two of the defendants, Aretha Swan and her husband, after the death of John Freeland, and before the institution of this suit, had conveyed the supposed undivided interest of the said Aretha Swan in the land in controversy by trust deed to J. E. Weller, as…

2Cases cited2 opinions

  1. Hudson v. WrightSupreme Court of Missouri · 1907
  2. Sutton v. CasseleggiSupreme Court of Missouri · 1883

3Cited by13 opinions

  1. Knox v. KnoxSupreme Court of Minnesota · 1946
  2. Wahl v. CunninghamSupreme Court of Missouri · 1928
  3. McKee v. DowningSupreme Court of Missouri · 1909
  4. Cunningham v. KinnerkMissouri Court of Appeals · 1934
  5. Barnett v. KempSupreme Court of Missouri · 1914

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