Broadwell v. Merritt
Supreme Court of Missouri
Error to Jackson Circuit Court. — Hon. E. M. Black, Judge. (lj The court erred in permitting the German Building Association to become a party to the action. No motion was filed to that effect, no reasons were .specified and no time or opportunity given plaintiff • in error to contest the propriety of the proceeding and there was no waiver as to it on plaintiff’s part.
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Error to Jackson Circuit Court. — Hon. E. M. Black, Judge. (lj The court erred in permitting the German Building Association to become a party to the action. No motion was filed to that effect, no reasons were .specified and no time or opportunity given plaintiff • in error to contest the propriety of the proceeding and there was no waiver as to it on plaintiff’s part. R. S., secs. 2244, 3357 and 3358. "The. supposed deed from Little and wife, purporting to convey the property in question to The German Building Association of Kansas City, was inadmissible. Plaintiff’s objections thereto’…
1Opinion of the CourtRay, J.
This is an action of ejectment to recover •certain real estate in Kansas City. One Wm. Little is-the common source of title. The defendant, Merritt, is a tenant of the “German Building Association of Kansas City.” The case was tried by the court without a .jury, and the court, of its own motion, gave an instruction that, upon the admitted facts and evidence in this cause, the finding should be for the defendant. The German Building Association of Kansas City recorded its articles of association in the recorder’s office at Independence, on January 8, 1870, the object of forming said…
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