Drosten v. Mueller
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. James A. Seddon, Judge. (1) How Mary Mueller held the property on the sixth of October, 1879, when she acquired title, is a matter of no moment, except in so far as it bears upon the question as to how she held it on the ninth of May, 1887, when she sold it to Julia A. Hafner. The allegation in the pleading of an express trust in writing in favor of Geo.
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Appeal from St. Louis City Circuit Court. — Hon. James A. Seddon, Judge. (1) How Mary Mueller held the property on the sixth of October, 1879, when she acquired title, is a matter of no moment, except in so far as it bears upon the question as to how she held it on the ninth of May, 1887, when she sold it to Julia A. Hafner. The allegation in the pleading of an express trust in writing in favor of Geo. C. Mueller is a very important one and estops the plaintiff from proving up, or relying at the trial upon, an implied trust resulting from the supposed payment of the consideration by Mr. Geo.…
1Opinion of the CourtBlack, J.
This was a suit brought by Rosa Drosten and her husband against Mary M. Mueller and Julia A. Hafner, to vest in the plaintiffs the title to a parcel of land in the city of St. Louis. The decree being for plaintiffs, the defendants appealed.
The property was sold under a deed of trust, and purchased by John H. Wright, on the fifth of August, 1879, for the consideration of $20,364, and he conveyed the premises to Thomas Wright and the defendant, Mary M. Mueller, by a deed dated the sixth of October, 1879, which recites a like consideration. George C. Mueller paid one-half of the purchase price,…
2Cited by6 opinions
- Mastin v. NobleCourt of Appeals for the Eighth Circuit · 1907
- Hay v. PetersonWyoming Supreme Court · 1896
- Stephan v. MetzgerMissouri Court of Appeals · 1902
- Kircher v. DunningtonSupreme Court of Missouri · 1930
- Hoeller v. HaffnerSupreme Court of Missouri · 1900
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