Roth v. Rauschenbusch
Supreme Court of Missouri
Appeal from Ste. Genevieve Circuit Court. — Now. Jas. D. Fox, Judge. (1) The court erred in holding and deciding that appellants’ petition did not state facts sufficient to constitute a cause of action against respondents; and erred further in holding that appellants’ petition, on its face, showed that the parties plaintiff had no interest whatsoever in the property sued for.
Read the full summary
Appeal from Ste. Genevieve Circuit Court. — Now. Jas. D. Fox, Judge. (1) The court erred in holding and deciding that appellants’ petition did not state facts sufficient to constitute a cause of action against respondents; and erred further in holding that appellants’ petition, on its face, showed that the parties plaintiff had no interest whatsoever in the property sued for. Chiles v. Bartleson, 21 Mo. 344; Lewis v. Pittman, 101 Mo. 281 (overruling Wead v. Gray, 78 Mo. 59); Harbison v. James, 90 Mo. 411; Russell v. Eubanks, 84 Mo. 82; Smith v. Bell, 6 Pet. 68; Bean v. Kenmuir, 86 Mo. 666';…
1Opinion of the CourtGantt, P. J.
Plaintiffs, who claim to be the nearest “blood relations” of Jacob Roth, deceased, bring this suit to set aside two deeds executed by Bridget Roth, his widow, one to defendant August Rauschenbusch, dated August 3, 1876, and a subsequent one to defendant, Huck, dated April 10, 1894, conveying certain real estate, which belonged to said Jacob Roth, at the time of his death.
The rights of the parties litigant depend upon the construction of the will of the said Jacob Roth, deceased, which was executed on August 12, 1845, and probated on April 9, 1875.
The second and third paragraphs of said will…
2Cases cited14 opinions
- Howard v. CarusiSupreme Court of the United States · 1884
- Reinders v. KoppelmannSupreme Court of Missouri · 1878
- Small v. FieldSupreme Court of Missouri · 1890
- Yocum v. SilerSupreme Court of Missouri · 1901
- Rubey v. BarnettSupreme Court of Missouri · 1848
9 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Housman v. LewellenSupreme Court of Missouri · 1951
- Burnet v. BurnetSupreme Court of Missouri · 1912
- Bernstein v. BrambleSupreme Court of Arkansas · 1907
- Gannon v. AlbrightSupreme Court of Missouri · 1904
- Armor v. FreySupreme Court of Missouri · 1910
27 more not listed; retrieve them via the Exa API.