Siling v. Hendrickson
Supreme Court of Missouri
Appeal from Cass Circuit Court. — 3on. W. L. Jarrott, Judge. (1) The demurrer to the petition should have been sustained. As to who is the plaintiff must be determined by the caption and the allegations in the petition taken together. Adams v. Cowles, 95 Mo. 507 j Charley v. Kelley, 120 Mo. 143; R. S. 1890, sec. 539; Pattison’s Mo.
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Appeal from Cass Circuit Court. — 3on. W. L. Jarrott, Judge. (1) The demurrer to the petition should have been sustained. As to who is the plaintiff must be determined by the caption and the allegations in the petition taken together. Adams v. Cowles, 95 Mo. 507 j Charley v. Kelley, 120 Mo. 143; R. S. 1890, sec. 539; Pattison’s Mo. Code Pleading, secs. 246, 250: In equity, the misjoinder of one as a party plaintiff could be reached by a general demurrer to the whole bill for want of equity. Abbott’s Trial Briefs of Pleadings, pp. 153,154. (2). Pleadings of plaintiff and decree have no…
1Opinion of the CourtMarshall, J.
— This is a bill in equity to reform a deed made on the 21st of February, 1898, by John T. Hendrickson and wife to George M. Siling, by having *373Libbie S. Siling made the grantee therein instead of George M. Siling, or else to compel said Hendrickson to execute a deed to Libbie S. Siling, for the north half of the southeast quarter of section 28, township 43, range 33, except thirteen acres off the south side of the northeast one-fourth of southeast quarter thereof, in Cass county, Missouri, and to declare void a proceeding and judgment in attachment wherein the defendant Lucy J. York attached…
2Cases cited1 opinion
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