Carter v. Mills
Supreme Court of Missouri
Error to Buchanan Court of Common Pleas. The facts sufficiently appear in the opinion of the court. I. The court should have overruled the motion filed by Gibbs to be made a party defendant in this suit. No authority has been shown to authorize'such a proceeding. If he had the legal title, as he asserts, a judgment against Mills could not affect him. He had no standing in a court of equity.
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Error to Buchanan Court of Common Pleas. The facts sufficiently appear in the opinion of the court. I. The court should have overruled the motion filed by Gibbs to be made a party defendant in this suit. No authority has been shown to authorize'such a proceeding. If he had the legal title, as he asserts, a judgment against Mills could not affect him. He had no standing in a court of equity. (Gamble v. City of St. Louis, 12 Mo. 617; Taylor v. Ulrici, 19 Mo. 89 ; Drake v. Jones, 19 Mo. 428; 17 Mo. 562.) If he had not the legal title, then he is not in a position to question the plaintiff’s…
1Opinion of the CourtNapton, Judge
Andrew J. Mills was the owner of ten acres of land, laid off into lots, adjoining the city of St. Joseph. He resided in California, but he had an agent named McClelland, in St. Joseph, who was authorized to sell these lots for one thousand dollars. His uncle, Dr. Madison Mills, a surgeon in the United States army, stationed, at the date of this transaction, at Port Columbus, New York harbor, was also made acquainted with his wish to dispose of these St. Joseph lots, and a correspondence ensued between the uncle and nephew which resulted in a sale of the lots for $700, to M. Gibbs, and a deed…
2Cases cited1 opinion
- Clevinger v. HillCourt of Appeals of Kentucky · 1817
3Cited by6 opinions
- Henry v. PhillipsTexas Supreme Court · 1912
- Norris v. IleIllinois Supreme Court · 1894
- Feurt v. RowellSupreme Court of Missouri · 1876
- Harman v. BarhydtNebraska Supreme Court · 1886
- Attorney-General v. North America Life InsuranceNew York Supreme Court · 1878
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