Gibson v. Shull
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Luden J. Eastin, Judge. (1) The petition filed in this case is wholly bad. The curator seeks to sue in his own name as such. That he cannot do. Reed v. Wilson, 13 Mo. 28; Koenig v. Union Depot Co., 194 Mo. 572; Webb v. Hayes, 166 Mo. 50. (2)‘ There was no appointment, in law, of a curator of Jones. “A probate court shall have no jurisdiction to inquire into the sanity of a person who owns no property.”
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Appeal from Buchanan Circuit Court. — Hon. Luden J. Eastin, Judge. (1) The petition filed in this case is wholly bad. The curator seeks to sue in his own name as such. That he cannot do. Reed v. Wilson, 13 Mo. 28; Koenig v. Union Depot Co., 194 Mo. 572; Webb v. Hayes, 166 Mo. 50. (2)‘ There was no appointment, in law, of a curator of Jones. “A probate court shall have no jurisdiction to inquire into the sanity of a person who owns no property.” R. S. 1909, sec. 474. No part of the record of the probate court shows that that court found Jones was owner of any property or that any such showing…
1Opinion of the CourtGraves, J.
Plaintiff is the duly qualified curator of "William T. Jones, who was declared to be of unsound mind by the probate court of Buchanan county in July,'1909. Plaintiff, as curator, sues to have set aside a certain deed made by Jones to Shull for an undivided three-fourths interest in forty acres of land in Buchanan county on the ground, as stated in the petition:
‘ ‘ That at the time of said conveyance the said William T. Jones was of unsound mind and incapable of contracting and incapable of managing his affairs; that there was no consideration for said deed; that Samuel S. Shull has placed…
2Cases cited6 opinions
- State ex inf. Crow v. Firemen's Fund InsuranceSupreme Court of Missouri · 1899
- Baxter v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Judson v. WalkerSupreme Court of Missouri · 1900
- Lang & Son v. WilliamsSupreme Court of Missouri · 1901
- State v. JaegerSupreme Court of Missouri · 1912
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3Cited by20 opinions
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- Witte v. Cooke Tractor Co.Missouri Court of Appeals · 1953
- Cox v. FisherSupreme Court of Missouri · 1959
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