Jaicks v. Sullivan
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. R. L. Yeager, Judge. (1) The charter provides that the suit shall be brought against .the “owner of the property.” Laws, 1875, p. 250, et seq. (2) Construing this provision, it has been held by our court: “That, in the absence of any knowledge or notice, to the contrary, the holder of the bill has a right to assume that the person in whom the records showed the title to be vested was the true owner and sue accordingly.”
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Appeal from Jackson Circuit Court. — Hon. R. L. Yeager, Judge. (1) The charter provides that the suit shall be brought against .the “owner of the property.” Laws, 1875, p. 250, et seq. (2) Construing this provision, it has been held by our court: “That, in the absence of any knowledge or notice, to the contrary, the holder of the bill has a right to assume that the person in whom the records showed the title to be vested was the true owner and sue accordingly.” Vance v. Corrigan, 78 Mo. 97. (8) The proceeding is really against the land, although a personal defendant is necessary to the…
1Opinion of the Court
Gantt, P, J. —
This cause has been certified to this court by the Kansas City court of appeals, as required by the constitution, because of a difference of opinion among the judges of that court, and because the opinion of the majority was deemed to be in conflict with a prior decision of the St. Louis court of appeals. Eyermann v. Scollay, 16 Mo. App. 498.
On the nineteenth of November, 1886, Richard L. Sullivan was the owner of lot number 20 in block 8 in Eairmount Park, an addition to Kansas City, Missouri, and on that day died, leaving defendants as his only heirs at law. Afterward, on the…
2Cases cited23 opinions
- Henry Miller's Heirs & Devisees v. M'IntyreSupreme Court of the United States · 1832
- Lilly v. TobbeinSupreme Court of Missouri · 1890
- Vance v. CorriganSupreme Court of Missouri · 1883
- Dunphy v. RiddleIllinois Supreme Court · 1877
- People ex rel. Gorman v. Judge of the Newaygo Circuit CourtMichigan Supreme Court · 1873
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3Cited by28 opinions
- State ex rel. Potter v. RileySupreme Court of Missouri · 1909
- Peters v. DonaWyoming Supreme Court · 1936
- Monahan v. Estate of MonahanMissouri Court of Appeals · 1936
- Rockwell v. City of Junction CitySupreme Court of Kansas · 1914
- Continental & Commercial Trust & Savings Bank v. Pacific Coast Pipe Co.Court of Appeals for the Ninth Circuit · 1915
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