Heath v. Powers
Supreme Court of Missouri
ERROR to Benton Circuit Court. The plaintiff seeks here to reverse the judgment of the court below, and will urge that it can only be sustained upon the hypothesis, that either, or both of two following propositions are true, to wit: 1st. That the party for whose use this action is brought, had no interest in the subject matter of the decree. 2nd. That he is bound by the decree, to which he was not a party.
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ERROR to Benton Circuit Court. The plaintiff seeks here to reverse the judgment of the court below, and will urge that it can only be sustained upon the hypothesis, that either, or both of two following propositions are true, to wit: 1st. That the party for whose use this action is brought, had no interest in the subject matter of the decree. 2nd. That he is bound by the decree, to which he was not a party. The plaintiff by his counsel will respectfully attempt to establish the negative of the two propositions just stated, by maintaining the affirmative of the three following propositions.…
1Opinion of the CourtNapton, J.
This was an action of debt brought by R. B. Heath, to the use of Browder, administrator of Jonas Heath, deceased, against Powers, on a bond executed by said Powers and one Ashley, to said R. B. Heath.
The defendant pleaded first non est factum, and second, that the bond mentioned in the declaration was executed by the defendant to the plaintiff, in part consideration of the sale of a certain tract of land sold by the plaintiff to the defendant; and that by a decree of the Benton circuit court, rendered on the 9th December, 1844, in a certain chancery cause, wherein the said defendant and…
2Cited by1 opinion
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