Roberts, Johnson & Rand Shoe Co. v. Shepherd
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — How. A. D. Burnes, Judge. (1) Joint trustees constitute but one person in law, and when the administration of a trust is vested in co-trustees they all form but one collective trustee, and all must join or be joined in a suit with respect to the trust property. White v. Watkins, 23 Mo. 423; Vandever’s Appeal, 8 W. & S. 405; Perry on Trusts (4 Ed.), sec. 411; 22 Ency. Plead, and Prac., p. 19, and note.
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Appeal from Clinton Circuit Court. — How. A. D. Burnes, Judge. (1) Joint trustees constitute but one person in law, and when the administration of a trust is vested in co-trustees they all form but one collective trustee, and all must join or be joined in a suit with respect to the trust property. White v. Watkins, 23 Mo. 423; Vandever’s Appeal, 8 W. & S. 405; Perry on Trusts (4 Ed.), sec. 411; 22 Ency. Plead, and Prac., p. 19, and note. (2) The possession of Shepherd and Coulson, under the deed of trust, was a joint possession, and one defendant could not prosecute his appeal without joining…
1Opinion of the CourtBroaddus, J.
On February 26, 1901, plaintiff instituted this suit before a justice of the peace for Clinton county, for the possession of two hundred and forty pairs of shoes of their own manufacture. Under the writ of replevin issued in the case, plaintiff obtained possession of the property. On the trial before the justice of the peace, the plaintiff company recovered judgment against both defendants, from which judgment the defendant Shepherd alone appealed to the circuit court of the county, where the case was again tried, the trial resulting in a verdict and judgment for the defendant Shepherd, from…
2Cases cited2 opinions
- Fagan v. LongSupreme Court of Missouri · 1860
- Labeaume v. LabeaumeSupreme Court of Missouri · 1824
3Cited by1 opinion
- Tapee v. Varley-Wolter Co.Missouri Court of Appeals · 1914