Perry v. Wiggins

GARDNER, Circuit .Judge.

This is an action at law to determine adverse claims to an undivided one-twelfth interest in certain real estate situate in the city of St. Lou<s, Mo., as provided for by certain Missouri statutes which permit such an action, even though neither of the parties is in actual possession of the property. A jury was waived by stipulation in writing, and the facts as agreed upon were submitted to the court in form of stipulation. As stated in appellant’s brief, “while both parties claim under tlr* will of John E. Liggett, this is not an action in equity to construe said…