Thompson v. Pinnell
Supreme Court of Missouri
Appeal from Cape Girardeau. Court of Common Pleas. —Hon. Benjamin F. Davis, Judge. (1) The petition does not state facts sufficient to constitute a cause of action in equity and to support the judgment herein. Said petition shows on its face that equity will not lie.. Janney v. Spedden, 38 Mo. 402; Holland v. Johnson, 80 Mo. 34; Russell v. Lumber Co., 112 Mo. 40; Clark v. Life Ins.
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Appeal from Cape Girardeau. Court of Common Pleas. —Hon. Benjamin F. Davis, Judge. (1) The petition does not state facts sufficient to constitute a cause of action in equity and to support the judgment herein. Said petition shows on its face that equity will not lie.. Janney v. Spedden, 38 Mo. 402; Holland v. Johnson, 80 Mo. 34; Russell v. Lumber Co., 112 Mo. 40; Clark v. Life Ins. Co., 52 Mo. 272; Mason v. Black, 87 Mo. 329; Odie v. Odie, 73 Mo. 289, 1. c. 295 ; Benton County v. Morgan, 163 Mo. 661; Stockton, Ex’r, v. Ranson, 60 Mo. 539; Verdin' v. City, 131 Mo. 112. Here plaintiffs pleaded…
1Opinion of the Court
BOND, C.
This is a suit in equity by the heirs of W. T. Thompson to cancel a deed made by the administratrix of their father’s estate in pursuance of an order of sale of certain lands to pay debts.
*549The petition prays that plaintiffs be declared to be the owners in fee simple of the land described in said deed and that an accounting be taken between them and the defendant, who was the purchaser of said land at the sale by the administratrix.
The equities stated as the ground for relief are that the sale in question was ordered upon a publicátion imperfect in its terms and without any personal…
2Cases cited9 opinions
- Clark v. Covenant Mutual Life InsuranceSupreme Court of Missouri · 1873
- Mason v. BlackSupreme Court of Missouri · 1885
- Harrington v. UtterbackSupreme Court of Missouri · 1874
- Hutchinson v. ShelleySupreme Court of Missouri · 1896
- Ball v. WoolfolkSupreme Court of Missouri · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Canty v. HalpinSupreme Court of Missouri · 1922
- Webb v. SalisburySupreme Court of Missouri · 1931
- Jackson v. JohnsonSupreme Court of Missouri · 1913
- Robson v. DiemMissouri Court of Appeals · 2010
- City of St. Louis v. BruneSupreme Court of Missouri · 1971