Lins v. Lenhardt
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. Equitable proceeding instituted at the September term, 1888, by Charles Lins and wife against Theresa Lenhardt, the widow of John Lenhardt, who died March 1, 1888, a little over seventy years old. Mrs. Lins or “Katy” is one of the children of John Lenhardt by his first marriage. Maggie, Marie, Josie and Frank are children of John and Theresa by a second marriage.
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Appeal from Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. Equitable proceeding instituted at the September term, 1888, by Charles Lins and wife against Theresa Lenhardt, the widow of John Lenhardt, who died March 1, 1888, a little over seventy years old. Mrs. Lins or “Katy” is one of the children of John Lenhardt by his first marriage. Maggie, Marie, Josie and Frank are children of John and Theresa by a second marriage. The children of the second marriage, as well as the widow, were made parties defendant. The object of the petition is to have Theresa and Maggie declared trustees of…
1Opinion of the CourtSherwood, J.
Of course this cause is, to a large extent, a fact case, but still there are certain principles of law that are interwoven with the facts elicited in evidence. It is claimed that the evidence is wholly insufficient to support the decree entered. When an equity cause 'comes up to this court, it is for hearing de novo, and it will be considered, for the most part, as if it had originated here and was to be heard for the first time. This, however, would not authorize this *281court to appoint a commissioner to take an account, for this would be to exercise an original jurisdiction. Knowles v.…
2Cases cited11 opinions
- Seitz v. MitchellSupreme Court of the United States · 1877
- Benne v. SchneckoSupreme Court of Missouri · 1889
- Blount v. SprattSupreme Court of Missouri · 1892
- Meier v. ThiemanSupreme Court of Missouri · 1886
- Allen v. LoganSupreme Court of Missouri · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Imboden v. St. Louis Union Trust Co.Missouri Court of Appeals · 1905
- Warner v. FlackIllinois Supreme Court · 1917
- Kinney v. MurraySupreme Court of Missouri · 1902
- Nowack v. BergerSupreme Court of Missouri · 1896
- Sheets v. ThomannMissouri Court of Appeals · 1960
28 more not listed; retrieve them via the Exa API.