Steele v. Steele
Supreme Court of Missouri
Appeal from Knox Circuit Court. — Hon. E. B. McKee, Judge. (1) The petition alleges a contract was made by William Steele with Mrs. McCabe for the benefit of plaintiff. The decree finds there was no contract made with Mrs. McCabe, but that William Steele did make such a contract with the plaintiff. A decree in equity must be founded upon facts embraced within the pleadings. The court could not base a decree on a state of facts not set up in the pleadings.
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Appeal from Knox Circuit Court. — Hon. E. B. McKee, Judge. (1) The petition alleges a contract was made by William Steele with Mrs. McCabe for the benefit of plaintiff. The decree finds there was no contract made with Mrs. McCabe, but that William Steele did make such a contract with the plaintiff. A decree in equity must be founded upon facts embraced within the pleadings. The court could not base a decree on a state of facts not set up in the pleadings. Newham v. Kenton, 79 Mo. 382; Eoss v. Eoss, 81 Mo. 84; Paddock v. Lance, 94 Mo. 283; Eeed v. Bott, 100 Mo. 62; Bank v. Bhorer, 138 Mo. 369;…
1Opinion of the CourtYalliant, J.
This is a suit in equity for the enforcement against the executors and legatees under the will of William Steele, deceased, an alleged oral agreement to adopt the plaintiff and leave him all the property which the testator should own at his death.
The petition alleges that in 1868, the plaintiff, whose name was Walter McAvilly, about five years old, was in a Catholic orphan asylum in Chicago, and under the particular *570charge and care of Mrs. Dennis McCabe. That the testator, William Steele, then living with his wife Catherine on a farm in Wisconsin, was childless, and desiring a child to adopt,…
2Cases cited8 opinions
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Sutton v. HaydenSupreme Court of Missouri · 1876
- Gupton v. GuptonSupreme Court of Missouri · 1870
- Healey v. SimpsonSupreme Court of Missouri · 1892
- Wright v. TinsleySupreme Court of Missouri · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Burnes v. BurnesCourt of Appeals for the Eighth Circuit · 1905
- Kirk v. BeardTexas Supreme Court · 1961
- Kinney v. MurraySupreme Court of Missouri · 1902
- Wales v. HoldenSupreme Court of Missouri · 1908
- Asbury v. HicklinSupreme Court of Missouri · 1904
15 more not listed; retrieve them via the Exa API.