Pike v. Martindale
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Jos. P. Grubb, Judge. (1) Whatever interest or right W. S. Pike may have had in the premises, it was simply that of a trustee for the benefit of the banking firm of Pike Brothers & Company. Therefore, plaintiffs have no interest in the subject matter of this suit as heirs at law of W. S. Pike, and the decree rendered by the circuit court was not warranted by the evidence and should be reversed.
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Appeal from Buchanan Circuit Court. — Hon. Jos. P. Grubb, Judge. (1) Whatever interest or right W. S. Pike may have had in the premises, it was simply that of a trustee for the benefit of the banking firm of Pike Brothers & Company. Therefore, plaintiffs have no interest in the subject matter of this suit as heirs at law of W. S. Pike, and the decree rendered by the circuit court was not warranted by the evidence and should be reversed. (2) The burden of proof was on plaintiffs to show that defendant, Cook, had notice, at least sufficient to put him on inquiry, of the pretended conveyance by…
1Opinion of the CourtRay, J.
This suit was instituted by plaintiffs against defendants for the purpose of cancelling certain deeds, and vesting in plaintiffs the legal title to certain lands, described therein, and situate in Andrew county, Missouri. There is a separate count in the amended petition which contains the ordinary allegations in ejectment proceedings.
The land was patented by the United States. to Eugene R. Boissat, of Alexandria, Louisiana, under whom the plaintiffs and defendant, Cook, claim title; the other defendants disclaim any interest in the proceedings. E. R. Boissat, the original owner of the land…
2Cases cited14 opinions
- Bent v. PriestSupreme Court of Missouri · 1885
- Butler v. LawsonSupreme Court of Missouri · 1880
- Stoffel v. SchroederSupreme Court of Missouri · 1876
- Kellogg v. MalinSupreme Court of Missouri · 1876
- Mason v. CrowderSupreme Court of Missouri · 1885
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3Cited by14 opinions
- William Wolff & Co. v. Canadian Pacific RailwayCalifornia Supreme Court · 1899
- Dodson v. LomaxSupreme Court of Missouri · 1893
- Gaugh v. GaughSupreme Court of Missouri · 1928
- Euneau v. RiegerSupreme Court of Missouri · 1891
- Leucke v. TredwayMissouri Court of Appeals · 1891
9 more not listed; retrieve them via the Exa API.