Legal Opinion

Burnley v. Thomas

Supreme Court of Missouri

Decided October 15, 1876PublishedCited by 1 opinion

Error to Saline Circuit Court. cited: Metropolitan Bank of St. Louis vs. Taylor, 53 Mo. 444, 450, 451, 455 ; Prevot vs. Lawrence, 51 N. Y. 219; State Nat.

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Error to Saline Circuit Court. cited: Metropolitan Bank of St. Louis vs. Taylor, 53 Mo. 444, 450, 451, 455 ; Prevot vs. Lawrence, 51 N. Y. 219; State Nat. Bank of St. Jo. vs. Robidoux, 57 Mo. 446 ; Meyers vs. Van Wagoner, 56 Mo. 115 ; Seimers vs. Kleeburg, 56 Mo. 196; DeBaun vs. Van-Wagoner, 56 Mo. 347 ; Lincoln vs. Rowe, 51 Mo. 571 ; 47 Mo. 504 ; 32 Mo. 252 ; 23 Mo. 457; Murray vs. Barlee, 3 Myl. & Keene, 209. I. The defendant Julian has no separate estate in the land, since she holds possession together with her children. (1 Black, book 2, p. 180.) II. Should the defendant, Julian Thomas,…

1Opinion of the CourtHough, Judge

This was a proceeding to subject the estate of the defendant, Julian Thomas, in certain lands in Saline county, the legal title to which was vested in the defendant John W. Thomas, as trustee for her and others, to the payment of a note executed and delivered to the plaintiff by said Julian Thomas and the defendant James S. Thomas, her husband, and said John W. Thomas.

The material question presented for determination is, whether her estate in said lands was held by the trustee, Thomas, for her sole and separate use, so that she could in equity bind it for the payment of said note.

That portion…

2Cases cited3 opinions

  1. Metropolitan Bank v. TaylorSupreme Court of Missouri · 1876
  2. State National Bank of St. Joseph v. RobidouxSupreme Court of Missouri · 1874
  3. Metropolitan Bank v. TaylorSupreme Court of Missouri · 1873

3Cited by1 opinion

  1. O'Brien v. AshSupreme Court of Missouri · 1902

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