Coffman v. Gates
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Daniel G. Taylor, Judge. (1) The circuit court is vested with all the jurisdiction and power that a court of chancery ever had in partition suits.
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Appeal from St. Louis City Circuit Court. — Eon. Daniel G. Taylor, Judge. (1) The circuit court is vested with all the jurisdiction and power that a court of chancery ever had in partition suits. Holloway v. Holloway, 97 Mo. 628, 11 S. W. 233; Saving Inst. v. Collonious, 63 Mo. 290’; Spitts v. Wells, 18 Mo. 468; Pratt v. Clark, 57 Mo. 1891; Stewart v. Caldwell, 54 Mo. 536. (2) The court having equitable jurisdiction, it was competent for the defendant James C. Ghio, individually and as trustee, to set up his rights, as he did by an answer by way of cross-bill. All the parties in interest and…
1Opinion of the CourtBland, P. J.
(after stating the facts). — Francis X. Barada, trustee, as stated above, was a party to the partition suit, to the judgment and order of sale and the order of distribution. He made no objection to any of the proceedings and made no claim to any portion of the money arising from the sale and if it be conceded that he was a necessary party to the partition *484suit, he is not interested in the order of distribution, and this (the distribution of the proceeds of the sale) being the only question brought up on the appeal for adjudication, we see no reason for delaying the case for the purpose of…
2Cases cited9 opinions
- Trustees v. GreenoughSupreme Court of the United States · 1882
- Central Railroad & Banking Co. of Ga. v. PettusSupreme Court of the United States · 1885
- Downing v. . MarshallNew York Court of Appeals · 1867
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
- Holloway v. HollowaySupreme Court of Missouri · 1888
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3Cited by7 opinions
- State v. UnderwoodWyoming Supreme Court · 1939
- In Matter of HeissererMissouri Court of Appeals · 1990
- Hughes v. SpenceSupreme Court of Missouri · 1966
- Anselmo v. GuastoMissouri Court of Appeals · 1999
- Denvir v. ParkMissouri Court of Appeals · 1912
2 more not listed; retrieve them via the Exa API.