Lionberger v. Baker
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Lindley, J. Lionberger was not the party in interest. — Rev. Stats., sect. 2462 ; Williams v. Whitlock, 14 Mo. 560 ; Walhomfectel v. JDobyns, 32 Mo. 310 ; Hutchins v. Weems, 35 Mo. 285 ; Burt v. Flournoy, 4 Mo. 116. In equity, a mere litigious right, the transfer of which would tend to encourage litigation and thus fall within the rule against maintenance, will not be recognized ; therefore, the mere right to file a bill in chancery…
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Appeal from the St. Louis Circuit Court, Lindley, J. Lionberger was not the party in interest. — Rev. Stats., sect. 2462 ; Williams v. Whitlock, 14 Mo. 560 ; Walhomfectel v. JDobyns, 32 Mo. 310 ; Hutchins v. Weems, 35 Mo. 285 ; Burt v. Flournoy, 4 Mo. 116. In equity, a mere litigious right, the transfer of which would tend to encourage litigation and thus fall within the rule against maintenance, will not be recognized ; therefore, the mere right to file a bill in chancery on the ground of fraud, can not be assigned even in equity. — Bisphain’s Prin. of Eq., sect. 166; 2 Story’s Eq. 1040;…
1Opinion of the CourtThompson, J.
The plaintiff purchased the interest of the defendant John Baker, in the property described in the petition, at an execution sale, and brings this suit in equity to set aside a conveyance of the same made by John Baker, to his daughter, Jessie G. L. Baker, prior to the sale. The plaintiff had a judgment in the circuit court in accordance with the prayer of the petition, and the defendants have appealed. We shall consider in their order the questions to which our attention is invited in the appellants’ brief.
1. The first is that the plaintiff is not the real party in interest. It appears that…
2Cases cited2 opinions
- Bevin v. PowellMissouri Court of Appeals · 1881
- Buford v. Keokuk Northern Line Packet Co.Missouri Court of Appeals · 1876
3Cited by7 opinions
- May v. GiblerSupreme Court of Missouri · 1928
- Johnson v. United Railways Co.Supreme Court of Missouri · 1912
- Ryan v. MillerSupreme Court of Missouri · 1911
- Burns v. BangertMissouri Court of Appeals · 1884
- Jones v. BabcockMissouri Court of Appeals · 1884
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