Thompson v. Holden
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The allegation in the petition that ‘ ‘said defendant Warren claims some interest in said premises, the nature of which interest plaintiffs have no knowledge or information, but make the said Warren a party hereto, so if he has any right, title or interest in the said premises, that the court may determine the same as to the court may seem right and proper,” does not state any cause of action against…
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The allegation in the petition that ‘ ‘said defendant Warren claims some interest in said premises, the nature of which interest plaintiffs have no knowledge or information, but make the said Warren a party hereto, so if he has any right, title or interest in the said premises, that the court may determine the same as to the court may seem right and proper,” does not state any cause of action against Warren nor show him to be a proper party. Warren’s demurrer to the petition should therefore have been sustained. Revised…
1Opinion of the CourtMacearlane, J.
— This is a suit for the partition of' thirty-two acres of land in St. Louis. Thompson and a number of other parties are petitioners, and Holden and others are defendants, among them T. H. Warren. The petition sets forth the interests of all the parties, except Warren, whose interest is not declared. He is-the sole appellant. He, by answer, denied the rights-of the other parties as charged in the petition, and set up as a special plea his interest in the property under the following contract, averring that the other parties obtained their interests through Burt & Gardner with, notice:
“Articles…
2Cases cited7 opinions
- McDonald v. MatneySupreme Court of Missouri · 1884
- State ex rel. Craig v. DoughertySupreme Court of Missouri · 1870
- Gill v. FerrisSupreme Court of Missouri · 1884
- A. N. Kellogg Newspaper Co. v. FarrellSupreme Court of Missouri · 1886
- Ellsworth v. PomeroyIndiana Supreme Court · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Lindell Real Estate Co. v. LindellSupreme Court of Missouri · 1897
- Torbert v. JeffreySupreme Court of Missouri · 1901
- Hughes v. EwingSupreme Court of Missouri · 1901
- Wade v. HornadaySupreme Court of Kansas · 1914
- Hiles v. RuleSupreme Court of Missouri · 1894
14 more not listed; retrieve them via the Exa API.