Brandon v. Carter
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. This is an action of ejectment. In the petition it is alleged that plaintiff was duly appointed trustee for John T. Jacobs and his children, by virtue of the will of Gleorge R. Jacobs, deceased; that he accepted said appointment and qualified as trustee; that, as such, he was, on the seventh of March, A. D. 1888, entitled to the possession of a certain tract of land, which defendant, Mr. Carter, and his tenant,…
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Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. This is an action of ejectment. In the petition it is alleged that plaintiff was duly appointed trustee for John T. Jacobs and his children, by virtue of the will of Gleorge R. Jacobs, deceased; that he accepted said appointment and qualified as trustee; that, as such, he was, on the seventh of March, A. D. 1888, entitled to the possession of a certain tract of land, which defendant, Mr. Carter, and his tenant, Mr. Kelly, then occupied, and which they unlawfully withhold, etc. The petition contained the usual allegations in…
1Opinion of the CourtBakclay, J.
A sufficient outline of the caséis given in the preliminary statement.
1. The first assignment Of error disputes the correctness of the ruling of the trial court touching the standing of the plaintiff as trustee under the will of Dr. George R. Jacobs.
By that will another person was originally named as trustee, but plaintiff was substituted in his stead by the action of the circuit court upon a proceeding for that purpose. That action defendants attack on the ground that Mr. Price, who was named as trustee in the will, was not a party to the proceeding.
By the statute of Missouri (R. S. 1889,…
2Cases cited3 opinions
- In the Matter of George W. RobinsonNew York Court of Appeals · 1867
- Robinson v. HoodSupreme Court of Missouri · 1878
- Johnson v. LongSupreme Court of Missouri · 1880
3Cited by24 opinions
- State Ex Rel. St. Joseph Belt Railway Co. v. ShainSupreme Court of Missouri · 1937
- In Re the Trust Under the Last Will & Testament of JacksonMissouri Court of Appeals · 1956
- Cochran v. ThomasSupreme Court of Missouri · 1895
- Lyons v. St. Joseph Belt Railway Co.Missouri Court of Appeals · 1937
- Dorman v. East St. Louis Railway Co.Supreme Court of Missouri · 1934
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