Overton v. Overton
Supreme Court of Missouri
Appeal from Mercer Circuit' Court. — Hon. Paris C. Stepp, Judge. The petition and demurrer mentioned in the opinion are as follows: PETITION.
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Appeal from Mercer Circuit' Court. — Hon. Paris C. Stepp, Judge. The petition and demurrer mentioned in the opinion are as follows: PETITION. “Enoch Overton, Albert Overton, Isaac' Overton, Mary A. Wayman, Stephen Wayman, Susan J. Young, Albert Young, Martha A. Frates, Marion Frates, and Joel H. Shelly, executor of Moses Overton, deceased, with will annexed, Appellants. j “against “Randolph Overton, James Overton,Isaac Curtis, Nancy Curtis, Robert Overton, Charles Overton, and John C. Casteel, mortgagee, Respondents. ^ “Plaintiffs for their 2nd amended petition state that on the 22nd day of…
1Opinion of the CourtBarclay, J.
This case went off in the circuit court upon a demurrer to the petition. Those pleadings the reporter will please copy at length as an introduction to the report of the case in this court.
The only question here is whether or not the ruling sustaining the demurrer shall be affirmed.
1. The object of this action is to set aside a deed of trust to land on the alleged ground of fraud in its procurement. Such a suit involves title to real estate within the meaning of the constitution defining the jurisdiction of this court, as heretofore interpreted. Nearen v. Bakewell (1892) 110 Mo. 645 (19 S.…
2Cases cited2 opinions
- Nearen v. BakewellSupreme Court of Missouri · 1892
- Webb v. ArchibaldSupreme Court of Missouri · 1895
3Cited by20 opinions
- National Hollow Brake Beam Co. v. BakewellSupreme Court of Missouri · 1909
- Vandergrif v. BrockSupreme Court of Missouri · 1900
- Reed v. ColpSupreme Court of Missouri · 1908
- Coonce v. Missouri Pacific Railroad CompanySupreme Court of Missouri · 1962
- Hall v. DouthettSupreme Court of Missouri · 1900
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