Legal Opinion

Leete v. State Bank

Supreme Court of Missouri

Decided November 30, 1897PublishedCited by 7 opinions

Appeal from, St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The plaintiff must recover, if at all, through the strength of her own title. Stonebraker v. Ford, 81 Mo. 535. (2) That the plaintiff has no title to the bonds in question as against the defendant bank is res judicata in this case. Leete v. Bank, 115 Mo. 184; Bowling v. Allen, 102 Mo. 213; Keith v. Jolmson, 109 Mo. 130; Rickman v. Link, 116 Mo. 127'; “The Law of the Case,” 42 Cent.

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Appeal from, St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The plaintiff must recover, if at all, through the strength of her own title. Stonebraker v. Ford, 81 Mo. 535. (2) That the plaintiff has no title to the bonds in question as against the defendant bank is res judicata in this case. Leete v. Bank, 115 Mo. 184; Bowling v. Allen, 102 Mo. 213; Keith v. Jolmson, 109 Mo. 130; Rickman v. Link, 116 Mo. 127'; “The Law of the Case,” 42 Cent. L. J. 90 (January 31, 1896); Arnold v. Willis, 128 Mo. 150; Botareis v. Murphy, 64 Mo. App. 90; Walton v'. Fudge, 63Mo.App. 56. (3) This…

1Opinion of the Court

IN DIVISION TWO.

Sherwood, J.

— Action of replevin for four bonds. These bonds were bought by plaintiff’s husband with funds which came from plaintiff’s father’s estate. Plaintiff’s father died in 1870, testate, and her marriage occurred in 1871, and the bonds were purchased by him in his own name.

This cause, though not to be found in our reports, yet was decided at the same term that a case between the same parties was decided, reported in 115 Mo. 184 (see 21 S. W. Rep. 793), and as to the constitutional question involved, is governed by the same considerations as those which prevailed in the…

2Cases cited3 opinions

  1. Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
  2. Stonebraker v. FordSupreme Court of Missouri · 1884
  3. Alliance Trust Co. v. StewartSupreme Court of Missouri · 1893

3Cited by7 opinions

  1. State ex rel. Garth v. SwitzlerSupreme Court of Missouri · 1898
  2. In re FlukesSupreme Court of Missouri · 1900
  3. Hoshaw v. FentonMissouri Court of Appeals · 1937
  4. Glaves v. WoodMissouri Court of Appeals · 1901
  5. Johnson v. Brown Bros. Iron & Metal Co.Missouri Court of Appeals · 1921

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