Troll v. City of St. Louis
Supreme Court of Missouri
Error to St. Louis City Circuit Court. — Now. W. M_ Kinsey, Judge. (1) Real estate and other property in possession of an administrator is in possession of the court. Cowen v. Mueller, 176 Mo. 98; Bank v. Field, 156 Mo. 310; Brown on Jurisdiction, sec. 54; Byers v. McAuley, 149 U. S. 614; Youley v. Lavender, 88 IT.
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Error to St. Louis City Circuit Court. — Now. W. M_ Kinsey, Judge. (1) Real estate and other property in possession of an administrator is in possession of the court. Cowen v. Mueller, 176 Mo. 98; Bank v. Field, 156 Mo. 310; Brown on Jurisdiction, sec. 54; Byers v. McAuley, 149 U. S. 614; Youley v. Lavender, 88 IT. S; 280. No person purchasing land in the custody and control of the court of competent jurisdiction can assert an adverse possession against the court or its officer; and any attempted sale thereof pending the litigation, is wholly destitute of effect on the court’s control,…
1Opinion of the CourtLamm, C. J.
This suit is under former section 650 (now 2535) to try and determine title to real estate in the city of St. Louis. The pleadings cover seventy-nine pages of print. Absent any question raised on their sufficiency, we shall not reproduce even a summary of them. Presently something more will be said of them. For present purposes it will do to say that they are in scope and object sufficient to raise the- propositions discussed by counsel.
Dates are of significance. In 1871 Charles K. Dickson and John J. Murdoch were and for a score or more of years had been partners in St. Louis dealing under…
2Cases cited14 opinions
- Cordova v. HoodSupreme Court of the United States · 1873
- Shanks v. KleinSupreme Court of the United States · 1881
- Tyler v. MagwireSupreme Court of the United States · 1873
- Shelton v. HorrellSupreme Court of Missouri · 1911
- Dudley v. ClarkSupreme Court of Missouri · 1914
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3Cited by30 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Livermore v. BealCalifornia Court of Appeal · 1937
- Grafeman Dairy Co. v. Northwestern BankSupreme Court of Missouri · 1921
- State v. PiersonSupreme Court of Missouri · 1938
- Arnold v. Universal Oil Land Co.California Court of Appeal · 1941
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