Legal Opinion

Rutledge v. First Presbyterian Church

Supreme Court of Missouri

Decided June 2, 1919Published

Appeal from Cedar Circuit Court. — How. B. G. Thurman, Judge. (1) The court committed error in finding for the defendants Wassons, since the provision of the statute under which they claim is unconstitutional and against public policy and the evident purpose of the statute as a whole.

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Appeal from Cedar Circuit Court. — How. B. G. Thurman, Judge. (1) The court committed error in finding for the defendants Wassons, since the provision of the statute under which they claim is unconstitutional and against public policy and the evident purpose of the statute as a whole. (2) The court committed error in finding for the defendants Wassons because the third provision of Sec. 332, R. S. 1909 upon which they base their claim is void, being in contradiction of all the other, provisions of said section and against its evident purpose. (3) The First Presbyterian Church of Stockton can…

1Opinion of the Court

SMALL, C.

This is a suit to quiet title commenced in the Circuit Court of Cedar County. There is no controversy about the facts. Both plaintiffs and defendants claim through Hugh Ross and John Ross as the common source of title. Hugh Ross owned the property in his lifetime. He was married, but never had,any children. At his death in 1860, he left surviving him his wife, Caroline Ross, and his brother John Ross. By his will he devised a life estate in the property to his wife and directed that after her death the land should be sold and the proceeds be “applied to the erection of a house of…

2Cases cited3 opinions

  1. State ex rel. McClintock v. GuinotteSupreme Court of Missouri · 1918
  2. Ross v. First Presbyterian ChurchSupreme Court of Missouri · 1917
  3. Maguire v. University of MissouriSupreme Court of Missouri · 1917

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