O'Neill v. Capelle
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The court cannot, upon setting aside the report, entirely displace the referee by itself pronouncing the judgment which the referee should have given. (Walton vs. Walton, 17 Mo., 378; Bice vs. Benedict, 18 Mich., 76 ; Day vs. Hammond, 57 N. Y. App., 488 ; Griffin vs. Margmardt, 17 N. Y. App., 28 ; Milk vs. Moore, 39 111., 584; Patterson vs. Ackerson, 1st Edw. Ch., 102, and cases cited ; 2 Daniels Oh.
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Appeal from St. Louis Circuit Court. I. The court cannot, upon setting aside the report, entirely displace the referee by itself pronouncing the judgment which the referee should have given. (Walton vs. Walton, 17 Mo., 378; Bice vs. Benedict, 18 Mich., 76 ; Day vs. Hammond, 57 N. Y. App., 488 ; Griffin vs. Margmardt, 17 N. Y. App., 28 ; Milk vs. Moore, 39 111., 584; Patterson vs. Ackerson, 1st Edw. Ch., 102, and cases cited ; 2 Daniels Oh. Pr., 3d Am. ed., 1115; Allen vs. Blunt, 3 Sto., 746.) II. The decision of a referee upon a question of fact, when the evidence is conflicting, and the…
1Opinion of the CourtSherwood, Judge
Tin's is a suit in the nature of a bill in equity brought by the daughter of the former owner of certain lands situate in St. Louis county, one S. H. Robbins. The object of the suit, in which the husband is joined as co-plaintiff, is to have the deed absolute, under which the defendant holds those lands, declared a mortgage and for permission to redeem, etc.
The petition charges in substance, that in 1872 Mrs. O’Neil became the owner of those lands ; that in 1861 both the legal and equitable title of the lands in controversy were in Mrs. O’Neil’s father, but that in May of that year the legal…
2Cases cited4 opinions
- Pratt v. ClarkSupreme Court of Missouri · 1874
- Chapman v. BeardsleySupreme Court of Connecticut · 1862
- Ely v. OwnbySupreme Court of Missouri · 1875
- Curle's Heirs v. EddySupreme Court of Missouri · 1856
3Cited by30 opinions
- Pomeroy v. BentonSupreme Court of Missouri · 1882
- State ex rel. Major v. Arkansas Lumber Co.Supreme Court of Missouri · 1914
- McNamara v. CulverSupreme Court of Kansas · 1879
- Keithley v. WoodIllinois Supreme Court · 1894
- Caruth-Byrnes Hardware Co. v. WolterSupreme Court of Missouri · 1886
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