McClanahan v. McClanahan
Supreme Court of Missouri
Appeal from Putnam Circuit Court — Hon. George W. Wanamaker, Judge. (1) .The trial court erred in its action dismissing plaintiffs’ petition and in finding as a matter of fact that the defendant, Samuel W. McClanahan, was not a trustee holding in trust for the use and benefit of the heirs of H. T. McClanahan, deceased, the legal title to the west half of the southwest quarter of section 16, and entering its finding and decree that the legal title to said lands is in the said…
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Appeal from Putnam Circuit Court — Hon. George W. Wanamaker, Judge. (1) .The trial court erred in its action dismissing plaintiffs’ petition and in finding as a matter of fact that the defendant, Samuel W. McClanahan, was not a trustee holding in trust for the use and benefit of the heirs of H. T. McClanahan, deceased, the legal title to the west half of the southwest quarter of section 16, and entering its finding and decree that the legal title to said lands is in the said Samuel W. McClanahan, for the reasons: First (a.) This was school land ceded by the Federal government to the State for…
1Opinion of the Court
GRAVES, J. —
The general outline of this case is so fairly and concisely stated by counsel for appellants, that we adopt their statement, as follows:
“This is a suit in equity. The parties are the heirs of the late Major H. T. McClanahan. The plaintiffs are the youngest son, John, the two daughters, Susan Crocker and Helen Harvey, and a granddaughter, Ada Dawson, the only child of a deceased son, Charles McClanahan. The defendants are the three sons, William, Samuel W. and Robert H. McClanahan. James E. Adams, the beneficiary, and Charles B. Linville, the trustee, in a deed of trust, were also…
2Cases cited5 opinions
- Ord v. De La GuerraCalifornia Supreme Court · 1861
- Budd v. CollinsSupreme Court of Missouri · 1878
- Bradford v. BlossomSupreme Court of Missouri · 1905
- Comstock v. EastwoodSupreme Court of Missouri · 1891
- Lawson v. CunninghamSupreme Court of Georgia · 1857
3Cited by1 opinion
- Hansen v. O'MalleySupreme Court of Missouri · 1947