Becker v. Stroeher
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon, B. Hirzd, Judge. (1) The trustee and the beneficiary in a deed of trust are necessary parties to a partition suit.
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Appeal from St. Louis County Circuit Court. — Hon, B. Hirzd, Judge. (1) The trustee and the beneficiary in a deed of trust are necessary parties to a partition suit. Eeinhardt v. Wen-deck, 40 Mo. 577; Dameron v. Jamison, 71 Mo. 97; Yates v. Johnson, 87 Mo. 213; Harbison v. Sandford, 90 Mo. 477; Estes v. Nell, 108 Mo. 173; Hiles v. Eule, 121 Mo. 249; Lilly v. Menke, 126 Mo. 214. (2) Admitting, as found by the court, that one of the owners of the deed of trust, Mr. Becker, was told by defendant Meyer that he had instituted a partition suit, there is no rule that requires the holder of a note,…
1Opinion of the CourtBurgess, J.
The petition contained two counts, one in equity to divest the title of the property in controversy out of Louis Stroeher, as trustee, and vest the same in plaintiffs and certain other beneficiaries named in the petition as co-tenants with plaintiffs, and the other count was in ejectment.
The answers of the defendants, the Mississippi Valley Trust Company, administrator of August Brueggmann, and Pearl A. Brueggmann, a minor, by the Mississippi Valley Trust Company, her duly appointed curator, Louis Gloeckner, and Louis James, were general denials.
The answers of defendants Louis Kittlaus,…
2Cases cited14 opinions
- Lilly v. MenkeSupreme Court of Missouri · 1894
- Dameron v. JamesonSupreme Court of Missouri · 1879
- Lane v. EwingSupreme Court of Missouri · 1860
- Hart v. SteedmanSupreme Court of Missouri · 1889
- Hiles v. RuleSupreme Court of Missouri · 1894
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bushman v. BushmanSupreme Court of Missouri · 1925
- Mound City Co. v. CastlemanCourt of Appeals for the Eighth Circuit · 1911
- Perkins v. CissellSupreme Court of Oklahoma · 1912
- Byars v. HoweSupreme Court of Missouri · 1925
- Reigel v. WoodSupreme Court of Oklahoma · 1924
2 more not listed; retrieve them via the Exa API.