Legal Opinion

Macklin v. Kinealy

Supreme Court of Missouri

Decided July 17, 1897PublishedCited by 10 opinions

Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The plaintiff can not sue defendant or recover damages from defendant on the claim that by the conveyances of defendant she lost title to that same land and lost that land. Com.

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Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The plaintiff can not sue defendant or recover damages from defendant on the claim that by the conveyances of defendant she lost title to that same land and lost that land. Com. Co. v. Railroad, 126 Mo. 344; Nanson v. Jacobs, 93 Mo. 331; Estes v. Reynolds, 75 Mo. 563; Stoller v. Coates, 88 Mo. 514; Bradley v. Bringham, 149 Mass. 141; Farwell v. Mepers, 59 Mich. 179; Ewing v. Cook, 85 Tenn. 332; Bank v. Beale, 34 N. Y. 473; Fields v. Bland, 81 N. Y. 239. (2) The court, in his findings and judgment, wholly ignored the…

1Opinion of the CourtBrace, J.

— This is an appeal from a judgment of the St. Louis circuit court in favor of the plaintiff for the sum of $3,900. The following is the finding of the facts and the conclusions of law made by the trial court in writing at the request of the defendant, under the provisions of section 2135, Revised Statutes 1889:

“rinding or racts.
“(1) That one William B. Ferguson, in the year 1873, brought suit on a note of $542.95 against one Patrick Macklin etal. (2d) That said Patrick Macklin, at the time of the institution of said suit, was possessed of certain real estate described in the petition, and…

2Cases cited4 opinions

  1. Macklin v. AllenbergSupreme Court of Missouri · 1889
  2. Smith v. SterrittSupreme Court of Missouri · 1857
  3. Kinealy v. MacklinSupreme Court of Missouri · 1886
  4. Macklin v. SchmidtSupreme Court of Missouri · 1891

3Cited by10 opinions

  1. Phippin v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
  2. Gillette, Libby v. Murphy, Carroll, BroughSupreme Court of Oklahoma · 1898
  3. McAboy v. PackerSupreme Court of Missouri · 1945
  4. Sanguinett v. WebsterSupreme Court of Missouri · 1900
  5. Tanner v. LawlerUtah Supreme Court · 1957

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