Bell v. George
Supreme Court of Missouri
Appeal from Butler Circuit Court — Hon. J. P. Foard, •Judge. (1) Tile trial court erred in refusing to permit the defendant to show that J. William Chilton was the real party in interest and owner of the lands by an unrecorded deed or contract with the nominal plaintiffs. Every cause shall be prosecuted in the name of the real party.
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Appeal from Butler Circuit Court — Hon. J. P. Foard, •Judge. (1) Tile trial court erred in refusing to permit the defendant to show that J. William Chilton was the real party in interest and owner of the lands by an unrecorded deed or contract with the nominal plaintiffs. Every cause shall be prosecuted in the name of the real party. Sec. 1728, R. S. 1909. If J. W. Chilton had succeeded to the claims of the plaintiffs, either by deed or by valid contract, he was the proper party to sue as plaintiff, and it can make no difference whether it would change, strengthen or weaken the defense in…
1Opinion of the Court
RAILEY, C.
This action was commenced in the circuit court of Butler County, Missouri, on February 20, 1915, to quiet title to the southeast quarter and lot 1 of the southwest quarter of section 19, and the northeast quarter of section 30, all in township 26, range 7 east, situate in said county.
It is averred in the petition that plaintiffs own and claim to have title in fee simple to the real estate aforesaid; that defendant makes some claim of title, estate or interest in said land, which is adverse and prejudicial to the estate and title of plaintiffs therein. A decree was then asked,…
2Cases cited13 opinions
- Young v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
- State v. VaughanSupreme Court of Missouri · 1906
- Radtke v. St. Louis Basket & Box Co.Supreme Court of Missouri · 1910
- Turner v. AndersonSupreme Court of Missouri · 1914
- Wilcox v. PhillipsSupreme Court of Missouri · 1914
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Cullen v. JohnsonSupreme Court of Missouri · 1930
- Johnson v. BinghamTexas Commission of Appeals · 1924
- Kline v. GroeschnerSupreme Court of Missouri · 1920
- Hunott v. CritchlowSupreme Court of Missouri · 1955
- Schell v. City of JeffersonSupreme Court of Missouri · 1948