Bank of Tipton v. Davidson
Missouri Court of Appeals
Appeal from the Morgan Circuit Court. — Hon. E. L. Edwards, Judge. (3 ) The petition alleges as grounds for injunction, that Davidson’s claim is barred by limitation, and is fraudulent and void. If this be true, defendants in ■error, by their purchase of the. mill property, hold the title in fee simple, and injunction is not the proper remedy, if any is needed. Witthaus v. Bank, 18 Mo. App. 181; Bickhaus v. Olderheide, 22 Mo.
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Appeal from the Morgan Circuit Court. — Hon. E. L. Edwards, Judge. (3 ) The petition alleges as grounds for injunction, that Davidson’s claim is barred by limitation, and is fraudulent and void. If this be true, defendants in ■error, by their purchase of the. mill property, hold the title in fee simple, and injunction is not the proper remedy, if any is needed. Witthaus v. Bank, 18 Mo. App. 181; Bickhaus v. Olderheide, 22 Mo. App. 76; Brake *. Jones, 27 Mo. 428. (1) The abstract of the plaintiff in error does not set out the evidence in the case. It has been repeatedly decided that this court…
1Opinion of the CourtGrim, J.
It would seem hardly necessary so often to remind lawyers and litigants of the existence of rule 15 of this court requiring £< the appellant or plaintiff in error to file here, on or before the day next preceding the day on which the cause is docketed for hearing, copies of a printed abstract or abridgment of the record in said cause, setting forth' so much thereof as is necessary to a full understanding of all the questions presented to this court for decision.” Nor is it necessary to repeat, as so often declared, that we will not look beyond the abstract for information upon which to…
2Cases cited7 opinions
- Mason v. BlackSupreme Court of Missouri · 1885
- Harrington v. UtterbackSupreme Court of Missouri · 1874
- Drake v. JonesSupreme Court of Missouri · 1858
- Goodson v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
- City of Kansas v. O'ConnorCourt of Appeals of Kansas · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Harding v. BedollSupreme Court of Missouri · 1907
- Aultman & Taylor Co. v. SmithMissouri Court of Appeals · 1893
- Center Creek Mining Co. v. CoyneMissouri Court of Appeals · 1912
- Hoffman v. LoudonMissouri Court of Appeals · 1902
- Kansas City ex rel. O. K. Trip Hammer Brick Co. v. WalshMissouri Court of Appeals · 1901
3 more not listed; retrieve them via the Exa API.