Jodd v. Lee
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Leo 8. Rassieur, Judge. (1) The trial court erred in refusing plaintiff’s instruction, because said instruction was predicated upon the whole evidence in the cause and the pleadings. Hisey v. Goodwin, '90 Mo. 366; Fairbanks v. Long, 91 Mo. 628; Eyan v. Spalding, 40 Mo. 166; Gage v. Averill, -57 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Leo 8. Rassieur, Judge. (1) The trial court erred in refusing plaintiff’s instruction, because said instruction was predicated upon the whole evidence in the cause and the pleadings. Hisey v. Goodwin, '90 Mo. 366; Fairbanks v. Long, 91 Mo. 628; Eyan v. Spalding, 40 Mo. 166; Gage v. Averill, -57 Mo. App. 111. (2) Judge Bay says it is a well-settled principle of equity law that a trustee cannot become the purchaser of the trust property, Kennedy v. Keating, 34 Mo. 26. A party who has acquired or gained an advantage by means of his fraudulent acts…
1Opinion of the Court
BLAIR, C.
— Since the appeal was taken appellant died and by the consent of parties and the order of this court the cause has been revived in the name of her executrix, Margaret Howard.
This is a proceeding to admeasure dower. The property involved is described in the petition as “A lot of ground in the southwest quarter of block 2916, in Eiler’s survey of the Old Town of Carondelet, now city of St. Louis, containing a front of twenty-five feet, more or less, on the east line of Minnesota avenue, by a depth eastwardly of 137 feet to an alley; bounded south by Grundy street, east by an alley,…
2Cited by3 opinions
- Smith v. HaleySupreme Court of Missouri · 1958
- Jackson v. KleinSupreme Court of Missouri · 1959
- Jodd v. MehrtensSupreme Court of Missouri · 1914