O'Reilly v. Nicholson
Supreme Court of Missouri
Appeal from, St. Louis Circuit Court. I. The recitals in the decree, being upon a matter collateral and incidental to the issues, are not conclusive. (15 N. H. 17 ; Minor v. Walter, 17 Mass. 237; 2 Am. Lead. Cas. 792-813.) N. A decree is not constructive notice to any persons who are' not parties to it. (1 Sto. Eq., §§ 405-407.) NI.
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Appeal from, St. Louis Circuit Court. I. The recitals in the decree, being upon a matter collateral and incidental to the issues, are not conclusive. (15 N. H. 17 ; Minor v. Walter, 17 Mass. 237; 2 Am. Lead. Cas. 792-813.) N. A decree is not constructive notice to any persons who are' not parties to it. (1 Sto. Eq., §§ 405-407.) NI. The decree itself, so far as it undertook to convey the-two-ninths interest of Mrs. Lount and Julia White to the other parties to that suit, was void for want of jurisdiction. (2 Smith’s. Lead. Cas. 676-7 ; King v. Chase, 15 N. H. 9.) IV. This is not a case of…
1Opinion of the CourtBliss, Judge
The plaintiffs bring fejectment against defendants, claiming-two-ninths in a twenty-acre tract of land in St. Louis eou-ntv, as= heirs of John, O’Reilly, deceased.
*162The record shows that Isaac White, father of defendant, died in 1841, and was the owner of the land. He left it by will to Sophia, his wife, for life, remainder to his children in fee, -who, daring her life, all released to her except Virginia, who became the wife of Samuel S. Lount, and Julia S. In 1858, Sophia White, the widow, died, having made a will by which she gave $800 each to said Virginia and Julia, to be paid at once, and…
2Cases cited1 opinion
- Murray v. BallouNew York Court of Chancery · 1815
3Cited by14 opinions
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
- Sanders v. DixonMissouri Court of Appeals · 1905
- Rosenheim v. HartsockSupreme Court of Missouri · 1886
- Turner v. EdmonstonSupreme Court of Missouri · 1908
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