Ball v. Woolfolk
Supreme Court of Missouri
Appeal from Henry Cirenit Court.— Hon. W. W. Graves, Judge. (1) The demurrer to the petition should have been sustained. The defendant claimed no present interest, hence, no cloud existed upon plaintiff’s title at the time of filing this suit. Dunklin Co. v. Clark, 51 Mo. 60; Clark v. Ins.
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Appeal from Henry Cirenit Court.— Hon. W. W. Graves, Judge. (1) The demurrer to the petition should have been sustained. The defendant claimed no present interest, hence, no cloud existed upon plaintiff’s title at the time of filing this suit. Dunklin Co. v. Clark, 51 Mo. 60; Clark v. Ins. Co., 52 Mo. 272; Yerdin v. St. Louis, 131 Mo. 157; Fontaine v. Hudson, 93 Mo. 66; Colline R. E. & B. Ass’n v. Johnson, 120 Mo. 299. (2) Upon the death of Krekel the trust created by the deed fell to his heirs, and the duty of having a new trustee appointed devolved upon them; hence, the appointment of Nasse…
1Opinion of the Court
. GANTT, P. J. J.
— This is a suit originally commenced by John E. Ball in his lifetime, to quiet title to real estate in the city of Clinton, Henry county, and described as lot 52 and the east half of lot 51 in the original town, now city of Clinton, and six feet off the west side of lots 5 and 6 in Davis’s addition to the said town.
The plaintiff obtained judgment in the circuit court *282and defendant appealed. Since the lodgment of the appeal in this court plaintiff has died and the cause has been duly revived in the name of his widow and children.
The plaintiff deduced title from Mrs. Augusta…
2Cases cited9 opinions
- Small v. FieldSupreme Court of Missouri · 1890
- Woodward v. WoodwardSupreme Court of Missouri · 1899
- Walton v. DrumtraSupreme Court of Missouri · 1899
- Huff v. Laclede Land & Improvement Co.Supreme Court of Missouri · 1900
- Schiffman v. SchmidtSupreme Court of Missouri · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Audsley v. HaleSupreme Court of Missouri · 1924
- Graton v. Holliday-Klotz Land & Lumber Co.Supreme Court of Missouri · 1905
- Gage v. CantwellSupreme Court of Missouri · 1905
- Spore v. Ozark Land Co.Supreme Court of Missouri · 1905
- Hutchinson v. PattersonSupreme Court of Missouri · 1910
9 more not listed; retrieve them via the Exa API.