Rozier v. Griffith
Supreme Court of Missouri
Error to St. Charles Circuit Cowrt. The facts in evidence sufficiently appear in the opinion of the court. I. The court erred in sustaining the demurrer. The plaintiff set up an equity between tenants in common. Plaintiff had the right to claim that the removal by defendant of the outstanding title from a part of the land owned in common enured to the benefit of plaintiff. (Picot v. Page, 26 Mo. 398 ; 5 Johns.
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Error to St. Charles Circuit Cowrt. The facts in evidence sufficiently appear in the opinion of the court. I. The court erred in sustaining the demurrer. The plaintiff set up an equity between tenants in common. Plaintiff had the right to claim that the removal by defendant of the outstanding title from a part of the land owned in common enured to the benefit of plaintiff. (Picot v. Page, 26 Mo. 398 ; 5 Johns. Oh. 388, 406 ; 3 Dana, 326 ; 25 Wend. 389 ; 5 Conn. 529; 10 .Johns. 292; 2 Eq. Gas. 741; 1 White & Tud. L. O. 65, 67, 73; 6 Dana, 171; 17 Yes. 310; 3 Swanst. 489; 1 Russ. & My. 132; 1…
1Opinion of the CourtEwing, Judge
This is a proceeding in equity for partition, and to have the benefit of the purchase of an outstanding title to a part of the land claimed to be owned in common by the plaintiff and defendant Eliza A. Griffith,, and also for an account of rents, profits, &c. The petition sets up an equity between the parties as tenants in common, and asks the enforcement of the trust as to this purchase by his co-tenant. The case is before us on a demurrer to the petition.
It is said that the petition can not be sustained because it 'does not allege possession of the premises by the plaintiff. An actual…
2Cases cited3 opinions
- Hosford v. MerwinNew York Supreme Court · 1848
- Lambert v. BlumenthalSupreme Court of Missouri · 1858
- Phillips v. Russell's AdministratorSupreme Court of Missouri · 1857
3Cited by20 opinions
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
- Boland v. RossSupreme Court of Missouri · 1894
- Barnard v. KeathleySupreme Court of Missouri · 1910
- Dameron v. JamesonSupreme Court of Missouri · 1879
- Stewart v. JonesSupreme Court of Missouri · 1909
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