Chrisman v. Divinia
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. William S. Herndon, Judge. (1) The proceedings begun by Messrs. Althouse & Trice in the circuit court, March 15, 1884, deprived the plaintiffs of none of their rights to the land, and conferred no right or title, either legal or equitable, upon the defendant. They were void from beginning to end. The circuit court acquired no jurisdiction over the plaintiffs in this case by virtue of those proceedings, nor power to sell their lands.
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Appeal from Clinton Circuit Court. — Hon. William S. Herndon, Judge. (1) The proceedings begun by Messrs. Althouse & Trice in the circuit court, March 15, 1884, deprived the plaintiffs of none of their rights to the land, and conferred no right or title, either legal or equitable, upon the defendant. They were void from beginning to end. The circuit court acquired no jurisdiction over the plaintiffs in this case by virtue of those proceedings, nor power to sell their lands. They were all infants ; an infant can not voluntarily come into eourt except through its guardian. If it have none, one…
1Opinion of the CourtBaeclay, P. J.
— The action at the outset was in ejectment. The plaintiffs are the heirs (grandchildren) of Mr. Patterson Chrisman, who died in 1883, owning certain land in Clinton county. That land is the subject of this suit. Plaintiffs are entitled to it unless their title has been divested by certain court proceedings in 1884-5. The validity of those proceedings forms the leading question presented for decision. Those proceedings were set up in the answer as a defense, accompanied with an affirmative demand for an accounting, and for a repayment of funds (invested by defendant in the land on various…
2Cases cited1 opinion
- Cochran v. ThomasSupreme Court of Missouri · 1895
3Cited by11 opinions
- Barnard v. KeathleySupreme Court of Missouri · 1910
- Padgett v. SmithSupreme Court of Missouri · 1907
- Estate of Dildine v. DeHartSupreme Court of Missouri · 1922
- Patriotic Ins. Co. of America v. FranciscusCourt of Appeals for the Eighth Circuit · 1932
- Sanzenbacher v. SanthuffSupreme Court of Missouri · 1909
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