Stripe Ex Rel. Shannon v. Meffert
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Allen C. Southern, Judge. (1) The case was tried in the court below as one in equity; all parties are bound by that theory. Harwood v. Toms, 130 Mo. 225; Roselle v. Beckmeir, 134 Mo. 380. (2) The motion for ne-w trial was filed in time.
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Appeal from Jackson Circuit Court. — Hon. Allen C. Southern, Judge. (1) The case was tried in the court below as one in equity; all parties are bound by that theory. Harwood v. Toms, 130 Mo. 225; Roselle v. Beckmeir, 134 Mo. 380. (2) The motion for ne-w trial was filed in time. The cases which, hold that the time for filing a motion for new trial should be reckoned from the date if the return of the verdict and not from the date of the judgment are cases in which the return of the verdict marked the close of the trial. (3) The judgment here can be sustained only upon a finding that there is…
1Opinion of the Court
Suit to quiet title to real estate in Jackson and Clay Counties. Petition is in the conventional form, claiming that plaintiff owns the entire fee title in the property sued for. No equitable title alleged, nor equitable relief prayed for on face of petition.
The answer of defendant Anna Meffert was a general denial. The answer of defendant Lawson, besides a general denial, averred that neither plaintiff nor defendant Sylvia C. Barrick had any interest, but that said Lawson, as executor of the last will of Joseph F. Meffert, deceased, under said will, holds the entire fee-simple title for his…
2Cases cited11 opinions
- Roselle v. BeckemeirSupreme Court of Missouri · 1896
- Jones v. DriskillSupreme Court of Missouri · 1887
- Bishop v. Brittain Investment Co.Supreme Court of Missouri · 1910
- Greenhow v. James' Ex'orSupreme Court of Virginia · 1885
- Busby v. SelfSupreme Court of Missouri · 1920
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Bernheimer Ex Rel. Bernheimer v. First National BankSupreme Court of Missouri · 1949
- State v. ColitonNorth Dakota Supreme Court · 1945
- Simpson v. BlackburnMissouri Court of Appeals · 1967
- Rasco v. RascoMissouri Court of Appeals · 1969
- Ash v. Modern Sand & Gravel Co.Missouri Court of Appeals · 1938
15 more not listed; retrieve them via the Exa API.