Turner v. Butler
Supreme Court of Missouri
Appeal from Miller Circuit Court. — John M. Williams, Esq., Special Judge. (1) In Missouri a referee has no power to permit an amendment of a pleading. (2) Courts should not allow a neglect to file a replication at the proper time to be remedied in such a manner as to deprive the opposite party of a fair trial of the facts to be put in issue by such replication.
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Appeal from Miller Circuit Court. — John M. Williams, Esq., Special Judge. (1) In Missouri a referee has no power to permit an amendment of a pleading. (2) Courts should not allow a neglect to file a replication at the proper time to be remedied in such a manner as to deprive the opposite party of a fair trial of the facts to be put in issue by such replication. (3) A mortgagor’s equity of redemption is subject to sale on execution, and a purchaser holding under sheriff’s deed conveying the interest of the mortgagor is substituted to all his rights, and may maintain a bill for an accounting…
1Opinion of the CourtBlack, P. J.
— The plaintiff -Turner commenced this suit against Morris D. Rees. The latter died while the cause was pending in the circuit court, and it was revived in the name of his devisee and the administrator de bonis non of his estate,, with the will annexed.
It is alleged in the amended - petition that plaintiff conveyed one thousand acres of land to Rees, by a deed absolute in form, dated the sixth of -June, 1882; that the deed was in fact made to secure $2,500 advanced by Rees for the use and benefit of Turner; that Rees at the same time agreed to use the tie timber on the one thousand acres and…
2Cases cited4 opinions
- Smith v. City of St. JosephSupreme Court of Missouri · 1870
- Howell v. Reynolds CountySupreme Court of Missouri · 1872
- Baker v. Springfield & Western Missouri RailroadSupreme Court of Missouri · 1885
- Edwards v. GottschalkMissouri Court of Appeals · 1887
3Cited by3 opinions
- State Ex Rel. Attorney-General v. SkinkerSupreme Court of Missouri · 1930
- Cantrell v. DavidsonMissouri Court of Appeals · 1914
- Howe v. Pacific Mutual Life InsuranceMissouri Court of Appeals · 1898