Markwell v. Markwell
Supreme Court of Missouri
Appeal from Platte Circuit Court. — Hon. William 8. Herndon, Judge. (1) The trustee was a necessary party in this suit, and being such there was no necessity to take advantage of his not being made a party by either demurrer or answer, though it was set out in answer. Wolf v. Ward, 104 Mo. 128; Hitch v. Stonebreaker, 125 Mo. 138; Eussell v. Grant, 122 Mo. 161. This suit should have been brought in the names of the heirs and representatives of H. O. Markwell.
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Appeal from Platte Circuit Court. — Hon. William 8. Herndon, Judge. (1) The trustee was a necessary party in this suit, and being such there was no necessity to take advantage of his not being made a party by either demurrer or answer, though it was set out in answer. Wolf v. Ward, 104 Mo. 128; Hitch v. Stonebreaker, 125 Mo. 138; Eussell v. Grant, 122 Mo. 161. This suit should have been brought in the names of the heirs and representatives of H. O. Markwell. (2) The petition should have alleged an offer to redeem, as the land was sold by the trustee. Springfield v. Donovan, 120 Mo. 423; Kelly…
1Opinion of the CourtBurgess, J.
This is a suit to set aside the trustee’s sale under a deed of trust of eighty acres of land, and to have a deed thereto from said trustee, A. E. Jack, to defendant James W. Markwell, and a deed of trust from said James "W. Markwell and wife to the Wells Banking Company, declared null and void.
The court below rendered a decree in accordance with the prayer of the petition, from which defendants, after unavailing motions for new trial and in arrest, appeal.
On Eebruary 28, 1895, Henry C. Markwell owned in fee eighty acres of land in Platte county, to-wit, the west half of the southeast quarter…
2Cases cited11 opinions
- Franke v. City of St. LouisSupreme Court of Missouri · 1892
- Lamerson v. MarvinNew York Supreme Court · 1850
- Stoffel v. SchroederSupreme Court of Missouri · 1876
- Schanewerk v. HoberechtSupreme Court of Missouri · 1893
- Harlin v. NationSupreme Court of Missouri · 1894
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3Cited by4 opinions
- Gladney v. SydnorSupreme Court of Missouri · 1903
- Charles Green Real Estate Co. v. St. Louis Mutual House Building Co. No. 3Supreme Court of Missouri · 1906
- Benton Land Co. v. ZeitlerSupreme Court of Missouri · 1904
- Schloss & Kahn v. BrightmanSupreme Court of Alabama · 1915