Toler v. Judd
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Hon. Nat. M. Shelton, Judge. The court erred in sustaining the demurrer to plaintiffs’ petition. It states a good cause of action in equity.
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Appeal from Macon Circuit Court. — Hon. Nat. M. Shelton, Judge. The court erred in sustaining the demurrer to plaintiffs’ petition. It states a good cause of action in equity. Plaintiffs are the equitable owners of the stock of merchandise, subject to the widow’s rights therein, and on her neglect or refusal to sue, or join in this action, are entitled to the relief prayed in the petition ; and upon the annulment of the exchange are entitled to have the value of the stock of merchandise paid over to the administratrix as assets of the estate. Ford v. Hennessy, 70 Mo. 593; Story’s Eq. Plead.,…
1Opinion of the CourtWoodson, P. J.
This is a bill in equity, instituted by the plaintiffs against the defendants in the circuit court of Macon county, to set aside and cancel a certain contract made and entered into by and between one E. F. Toler and James A. Judd, by which the former traded á certain stock of goods at Me-*346Fall, Missouri, to the latter for certain real estate, and other considerations, located in Macon county.
Ther-e was a demurrer filed to the bill, which was by the circuit court sustained, and the plaintiffs declining to plead further judgment was duly rendered against them. In due time and in proper form the…
2Cases cited19 opinions
- Orchard v. Wright-Dalton-Bell-Anchor Store Co.Supreme Court of Missouri · 1910
- Putney v. FletcherMassachusetts Supreme Judicial Court · 1889
- Smith v. DennySupreme Court of Missouri · 1865
- Becraft v. LewisMissouri Court of Appeals · 1890
- State ex rel. Hounsom v. MooreMissouri Court of Appeals · 1885
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3Cited by2 opinions
- Odom v. LangstonSupreme Court of Missouri · 1943
- Daly v. WilburMissouri Court of Appeals · 1922