Whittelsey v. Conniff
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. — Hon. E. M. Dearing, Judge. (1) The English and American authorities are numberless that the power of courts to divest an in-, fant of his lands, whether the court deems it to his advantage or not, does not exist, in. the absence of a statute. The decisions in Missouri so uniformly hold that it is unnecessary to cite authorities of other States.
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Appeal from Jefferson Circuit Court. — Hon. E. M. Dearing, Judge. (1) The English and American authorities are numberless that the power of courts to divest an in-, fant of his lands, whether the court deems it to his advantage or not, does not exist, in. the absence of a statute. The decisions in Missouri so uniformly hold that it is unnecessary to cite authorities of other States. Heady v. Crouse, 203 Mo. 100; Young v. Downley, 150 Mo. 317; Capen v. Garrison, 193 Mo. 335. (2) This is particularly true in the case of a nonresident infant who owns a remainder in lands in this State. The State…
1Opinion of the Court
ROY, C.
This is a suit under section 2535 of our Revised Statutes to quiet title to lot 8, containing 146 acres, and lot 9, containing 90 acres, all in subdivision 10 of H. S. Survey 1897, except ninety-five acres described in the petition, all in Jefferson county.
Plaintiffs are the children of Charles C. Whittelsey, a lawyer of St. Louis, who died in March, 1875, the owner of all of said lots 8 and 9, and also the owner of lands in the city of St. Louis, and in St. Louis county outside of said city. His will was duly admitted to probate, by which he devised all his property to his wife, Anna…
2Cases cited15 opinions
- Rice v. ParkmanMassachusetts Supreme Judicial Court · 1820
- Cox v. BoyceSupreme Court of Missouri · 1899
- Kurtz v. St. Paul & Duluth R. Co.Supreme Court of Minnesota · 1892
- Stewart v. GriffithSupreme Court of Missouri · 1862
- Gannett v. LeonardSupreme Court of Missouri · 1871
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3Cited by3 opinions
- In Re Adoption of AndersonSupreme Court of Minnesota · 1951
- McKinley v. SalterCourt of Appeals of Texas · 1939
- Nelson v. GibsonSupreme Court of Minnesota · 1951