Rogers v. Ramey
Supreme Court of Missouri
Error to Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The point upon which the court sustained the demurrer to the petition was that plaintiffs could not dispute the recitals in the deed of their ancestor.
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Error to Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The point upon which the court sustained the demurrer to the petition was that plaintiffs could not dispute the recitals in the deed of their ancestor. If that rule of law is correct, still the demurrer should have been overruled because this is a suit in equity for an accounting of partnership property, in which all property, real or personal, between the parties to the partnership and third parties, is treated as personalty. Thompson V. Holden, 117 Mo. 118; Yoimg v. Thrasher, 115 Mo. 222. And it can make no difference in…
1Opinion of the CourtBurgess, J.
This is a proceeding in equity by plaintiff Martha B. Matney as administratrix, and her coplaintiffs as the legal heirs of James A. Matney, deceased, to have the legal title to one undivided half of certain lots of ground described in the petition alleged to be in defendant declared to be in plaintiffs, and for an accounting between the parties with respect to the proceeds arising from the sale of other lots also described in the petition, and expenses necessarily attending the same, etc. The petition, leaving off the formal parts, is as follows:
“Plaintiffs further state that a short time…
2Cases cited4 opinions
- Fontaine v. Boatmens' Savings InstitutionSupreme Court of Missouri · 1874
- Philbrook v. DelanoSupreme Judicial Court of Maine · 1849
- Burt v. WilsonCalifornia Supreme Court · 1865
- Weiss v. HeitkampSupreme Court of Missouri · 1895
3Cited by10 opinions
- Harris Banking Co. v. MillerSupreme Court of Missouri · 1905
- Parker v. BlakeleySupreme Court of Missouri · 1936
- Hillman v. AllenSupreme Court of Missouri · 1898
- Eaton v. CurtisSupreme Court of Missouri · 1928
- Mugan v. WheelerSupreme Court of Missouri · 1912
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