Reed v. St. Louis & San Francisco Railroad
Supreme Court of Missouri
Appeal from Jasper Circuit Court: — Hon. Joseph D. Perkins, Judge. (1) The court erred in refusing to sustain the objection to the introduction of any evidence and in refusing to dismiss the case at the conclusion of all the evidence, because upon the allegations in the petition and the admissions in the case the fact that the receivers of all the property of the railroad company, including the real estate involved in this suit, had been appointed by the United States Court,…
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Appeal from Jasper Circuit Court: — Hon. Joseph D. Perkins, Judge. (1) The court erred in refusing to sustain the objection to the introduction of any evidence and in refusing to dismiss the case at the conclusion of all the evidence, because upon the allegations in the petition and the admissions in the case the fact that the receivers of all the property of the railroad company, including the real estate involved in this suit, had been appointed by the United States Court, deprived the circuit court of Jasper County of jurisdiction in this action. Murphy v. Hoffman, 53 L. Ed. (U. S.) 330;…
1Opinion of the CourtBlair, P. J.
This is a suit under a covenant in a deed executed by the father of respondents to the. assignors of appellant railway. The other appellants are receivers of the railway company, appointed by the Federal Court for the Eastern District of Missouri on May 27, 1913. This suit was begun November 1, 1913. The covenant mentioned provided, among other things, that passenger trains should be stopped at Reeds on signal and that a failure of the grantees “to perform their part of the agreement shall make void this deed and the land herein quitclaimed shall revert to its original owner.” The prayer of…
2Cases cited20 opinions
- Barton v. BarbourSupreme Court of the United States · 1881
- State ex rel. Sullivan v. ReynoldsSupreme Court of Missouri · 1908
- Blumenthal v. BrainerdSupreme Court of Vermont · 1866
- State ex rel. Missouri Pacific Railway Co. v. WilliamsSupreme Court of Missouri · 1909
- Mays v. FrittonSupreme Court of the United States · 1874
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3Cited by7 opinions
- Brunk v. Hamilton-Brown Shoe Co.Supreme Court of Missouri · 1933
- Baker v. Denver Tramway Co.Supreme Court of Colorado · 1922
- National Ben. Life Ins. Co. v. Shaw-Walker Co.Court of Appeals for the D.C. Circuit · 1940
- Robinson v. Trustees of the New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1945
- In Re DawleySupreme Court of Vermont · 1926
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