Fine v. Gray
Supreme Court of Missouri
Error to Si. Louis Court of Common Pleas. Tbis was an action in the nature of ejectment, begun by Elisha Fine against Thomas Gray, on the 12th of November, 1850, in the St. Louis Court of Common Pleas. After issue joined, the plaintiff died, and his death was suggested at the September term, 1852, of said court, and the suit continued.
Read the full summary
Error to Si. Louis Court of Common Pleas. Tbis was an action in the nature of ejectment, begun by Elisha Fine against Thomas Gray, on the 12th of November, 1850, in the St. Louis Court of Common Pleas. After issue joined, the plaintiff died, and his death was suggested at the September term, 1852, of said court, and the suit continued. At the February term, and on the 24th of March, 1853, Joshua Fine and others, to whom Elisha Fine devised the land in controversy, filed their motion to have the suit revived in their names. No scire facias was served on the defendant, nor did he appear. The…
1Opinion of the CourtScott, Judge
1. The question presented by this record is, whether if the plaintiff in an action in the nature of ejectment dies, the suit *35can be revived in the name of the heirs or devisees ? The action of ejectment has been the only form of mixed or real action in which the title to lands has been tried in this state. The'4th section of the 5th article, Revised Code 1845, which is but a copy of a former law, enacts that, when there is but one plaintiff in an action, and he shall die before final judgment, such action shall not thereby be abated, if it might be originally prosecuted by the heirs,…
2Cited by5 opinions
- Cole v. Parker-Washington Co.Supreme Court of Missouri · 1918
- Posthlewaite v. GhiselinSupreme Court of Missouri · 1888
- Harkness v. AustinSupreme Court of Missouri · 1865
- Murphy v. RedmondSupreme Court of Missouri · 1870
- Chicago, Rock Island & Pacific Railway Co. v. WoodsonMissouri Court of Appeals · 1905