Sutton v. Dameron
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.—Hon. A. M. Thayer, Judge. (1) The stipulation filed and used, in the case of Sutton v. Casseleggi, and received in evidence in the case at bar, cannot be impeached or contradicted in this case by any of the parties or their privies in estate. It became a part of the record and is conclusive on the parties and their privies in estate. Munford v. Wilson, 15 Mo. 540; Ford v. Cameron, 19 Mo.
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Appeal from St. Louis City Circuit Court.—Hon. A. M. Thayer, Judge. (1) The stipulation filed and used, in the case of Sutton v. Casseleggi, and received in evidence in the case at bar, cannot be impeached or contradicted in this case by any of the parties or their privies in estate. It became a part of the record and is conclusive on the parties and their privies in estate. Munford v. Wilson, 15 Mo. 540; Ford v. Cameron, 19 Mo. App. 467; Van Horn v. Railroad, 69 Iowa, 239; McCann v. McLennan, 3 Neb. 25; Morgan v. Corlies, 81 111. 72; Hotel v. Seymour, 54'Yt. 582; Leonard v. White, 5 Allen,…
1Opinion of the CourtSherwood, J.
This is an equitable proceeding lor the partition of a lot of ground in the city of St. Louis. The agreed statement of facts, which formed part of the evidence, in the action of ejectment, in the cause of Sutton v. Casseleggi, 77 Mo. 397, , and which it is insisted by appellants, Sutton and Hill, forms a complete bar to any further recovery by Abbie Dodd, than that accorded to her predecessor in title, Pauline Dalton, in that cause, is as follows :
“ It is admitted in the trial of the cause that Joseph Montaigne is the common source of title to the lot sued for, and owned the said lot in fee…
2Cases cited11 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- Keeton's Heirs v. Keeton's AdministratorSupreme Court of Missouri · 1855
- Jackson v. AllenMassachusetts Supreme Judicial Court · 1876
- Primm v. RaboteauSupreme Court of Missouri · 1874
- Kimmel v. BennaSupreme Court of Missouri · 1879
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3Cited by15 opinions
- Cantrell v. City of CaruthersvilleSupreme Court of Missouri · 1949
- Emery v. Brown Shoe CompanySupreme Court of Missouri · 1956
- John Hancock Mutual Life Insurance Co. v. DawsonMissouri Court of Appeals · 1955
- Peters v. DonaWyoming Supreme Court · 1936
- Auldridge v. SpragginSupreme Court of Missouri · 1942
10 more not listed; retrieve them via the Exa API.