Freeland v. Wilson
Supreme Court of Missouri
Appeal from Callaway Circuit Court. This was a petition in the nature of a bill of interpleader, filed by Joseph Freeland, administrator of the estate of Jacob Freeland, against Robert J. Wilson and Martha Ann Wilson, who claimed to be two of the distributees of said estate.
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Appeal from Callaway Circuit Court. This was a petition in the nature of a bill of interpleader, filed by Joseph Freeland, administrator of the estate of Jacob Freeland, against Robert J. Wilson and Martha Ann Wilson, who claimed to be two of the distributees of said estate. The petition stated that the plaintiff, as administrator, had been ordered by the Callaway county court to pay to the distribu-tees o£ said estate, the heirs and legal representatives of said Jacob Freeland, a certain specified sum, and that he had complied with the order, so far as it was safe for him to do so; that…
1Opinion of the CourtScott, Judge
1. This case is not presented in such a manner as to enable us to determine whether or not the'mode for obtaining reliefr adopted by the appellant, is applicable. Although the dis-. tinction between legal and equitable relief is abolished, yet. when a statute gives a summary method of obtaining amend, which is complete in itself, the party cannot now, as he could, not before the introduction of the code, resort to that mode which, under the old regime, would be a bill in equity. The relief which formerly would have been termed equitable, can,, under the new system, be obtained only in those…
2Cited by5 opinions
- Hathaway v. FoySupreme Court of Missouri · 1867
- Arn v. ArnMissouri Court of Appeals · 1899
- In Re Peper v. BellSupreme Court of Missouri · 1920
- Miller v. Metropolitan Life InsuranceMissouri Court of Appeals · 1896
- State Ex Rel. Reid v. BarrettMissouri Court of Appeals · 1938