Shelton v. Harrison
Missouri Court of Appeals
Appeal from Jasper Circuit Court, Division No. Two. —jEon. D. E. Blair, Judge. (1) It appears by tlie allegations in the petition that plaintiffs, having no joint interest in the subject matter, that their alleged interests are separate and independent and that if there is any liability it is several and not joint liability.
Read the full summary
Appeal from Jasper Circuit Court, Division No. Two. —jEon. D. E. Blair, Judge. (1) It appears by tlie allegations in the petition that plaintiffs, having no joint interest in the subject matter, that their alleged interests are separate and independent and that if there is any liability it is several and not joint liability. There is a separate and distinct interest of each one pleaded and for different amounts and the action is or should be one at law for conversion or assumpsit, Hence there is clearly a misjoinder of canses of action and of parties plaintiff. Neither party depends on the…
1Opinion of the CourtSturgis, J.
The relief prayed for and granted in this case in the trial court is to declare and adjudge a resulting trust in favor of plaintiffs and against the defendant, Edna Harrison, widow of A. H. Harrison, in the excess proceeds of eighty acres of land in Barry county, Missouri, over and above the amount due on a deed of trust thereon, in default of which the land was sold and such excess proceeds paid to defendant Edna Harrison. The salient facts giving rise to this controversy are that, A. H. Harrison, a route agent' of an express company, living at M'onett, originated and promoted a scheme…
Also in this document: Concurrence.
2Cases cited27 opinions
- Smithsonian Institution v. MeechSupreme Court of the United States · 1898
- Harrison v. SmithSupreme Court of Missouri · 1884
- Condit v. MaxwellSupreme Court of Missouri · 1898
- Hall v. HallSupreme Court of Missouri · 1891
- Phillips v. HardenburgSupreme Court of Missouri · 1904
22 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Cunningham v. KinnerkMissouri Court of Appeals · 1934
- Carpenter & Carpenter, Inc. v. KinghamWyoming Supreme Court · 1941
- Decker v. FittgeSupreme Court of Missouri · 1955
- Hergenreter v. SommersMissouri Court of Appeals · 1976
- Dietrich v. JonesMissouri Court of Appeals · 1932
11 more not listed; retrieve them via the Exa API.