Burger v. Boardman
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Eon. J. C. Sheppard, Judge. (1) J. H. Boardman was adjudged insane, and the management of his business affairs and his estate were placed in the hands of a guardian and curator long before the final decision and decree of the trial court was rendered. Yet, with full knowledge of this fact, the decision and decree were rendered against said Boardman without his guardian and curator being made a party to this suit. This is reversible error.
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Appeal from Butler Circuit Court. — Eon. J. C. Sheppard, Judge. (1) J. H. Boardman was adjudged insane, and the management of his business affairs and his estate were placed in the hands of a guardian and curator long before the final decision and decree of the trial court was rendered. Yet, with full knowledge of this fact, the decision and decree were rendered against said Boardman without his guardian and curator being made a party to this suit. This is reversible error. Ashby v. Winton, 26 Mo. 210; Lumber Co. v. Oliver, 65 Mo. App. 435; Berkin v. March, 18 Mont. 152; Jones v. Steele, 36…
1Opinion of the Court
BLAIR, C.
From a decree for plaintiffs in the Butler Circuit Court rescinding, on the ground of fraud, an exchange of lands, canceling certain deeds upon condition and stating an account, defendants have appealed.
At the time (1908) of the occurrences which gave rise to this suit Adam Burger, who was sixty-six years old, owned and, with his wife and coplaintiff, occupied as his home about 119 acres of land in Scott county. This land adjoined the towns of Edna and Ancell, and the evidence justifies the conclusion that it was worth *245about $100 per acre. It was subject to two deeds of trust…
2Cases cited3 opinions
- Clinkenbeard v. WeathermanSupreme Court of Missouri · 1900
- Koenig v. Union Depot Railway Co.Supreme Court of Missouri · 1906
- Hunter v. Kansas City Safe Deposit & Savings BankSupreme Court of Missouri · 1900
3Cited by7 opinions
- Mathews v. O'DonnellSupreme Court of Missouri · 1921
- Beil v. GaertnerSupreme Court of Missouri · 1946
- Myers v. AdlerMissouri Court of Appeals · 1915
- State Ex Rel. Brickey v. NolteSupreme Court of Missouri · 1943
- Darr v. DarrMissouri Court of Appeals · 1956
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