Clark v. Bettelheim
Supreme Court of Missouri
Appeal from Linn Circuit Court-. — Hon. W. W. Rucker, Judge. (1) The defendant having set up his ownership of the Hodge note and deed of trust as an equitable defense to the ejectment suit, and a trial of such equitable defense being had, and judgment rendered thereon against the defendant, such equitable defense became res adjuclicata.
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Appeal from Linn Circuit Court-. — Hon. W. W. Rucker, Judge. (1) The defendant having set up his ownership of the Hodge note and deed of trust as an equitable defense to the ejectment suit, and a trial of such equitable defense being had, and judgment rendered thereon against the defendant, such equitable defense became res adjuclicata. Preston v. Pickets, 91 Mo. 320; Chouteau v. Gibson, 76 Mo. 38; St. Louis v. Lumber Co., 98 Mo. 613; Sampson v. Mitchell, 125 Mo. 217; Seiberling Miller & Co. v. Tipton, 113 Mo. 373; Nave v. Adams, 107 Mo. 414; Van Fleet’s Former Adj., sec. 318. (2) The…
1Opinion of the CourtBrace, P. J.
This is an appeal from a judgment of the circuit court of Linn county on the final settlement of respondent as administrator of the estate of Jared W. Clark, the father of the appellants, which settlement was filed in the probate court of Linn county at the February term, 1891, of said court, showing a balance due respondent of $2,791.60, and to which the appellants then and there filed written exceptions. Thereupon, the probate judge being a material witness in the case, the same was certified to, and heard by the said circuit court as provided by statute. Revised Statutes 1889, section…
2Cases cited9 opinions
- Murphy v. DeFranceSupreme Court of Missouri · 1891
- McPike v. McPikeSupreme Court of Missouri · 1892
- Shaw v. . BroadbentNew York Court of Appeals · 1891
- Brawford v. WolfeSupreme Court of Missouri · 1890
- Jacobs v. JacobsSupreme Court of Missouri · 1889
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3Cited by8 opinions
- Howard v. StrodeSupreme Court of Missouri · 1912
- Hutchinson v. PattersonSupreme Court of Missouri · 1910
- Perkins v. SilvermanSupreme Court of Missouri · 1920
- Springfield Grocer Co. v. WaltonMissouri Court of Appeals · 1902
- In re Estate of BranchMissouri Court of Appeals · 1907
3 more not listed; retrieve them via the Exa API.