Troll v. City of St. Louis
Supreme Court of Missouri
Error to St. Louis City Circuit Court. — Now. W. M_ Kinsey, Judge. (1) Real estate and other property in possession of an administrator is in possession of the court. Cowen v. Mueller, 176 Mo. 98; Bank v. Field, 156 Mo. 310; Brown on Jurisdiction, sec. 54; Byers v. McAuley, 149 U. S. 614; Youley v. Lavender, 88 IT.
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Error to St. Louis City Circuit Court. — Now. W. M_ Kinsey, Judge. (1) Real estate and other property in possession of an administrator is in possession of the court. Cowen v. Mueller, 176 Mo. 98; Bank v. Field, 156 Mo. 310; Brown on Jurisdiction, sec. 54; Byers v. McAuley, 149 U. S. 614; Youley v. Lavender, 88 IT. S; 280. No person purchasing land in the custody and control of the court of competent jurisdiction can assert an adverse possession against the court or its officer; and any attempted sale thereof pending the litigation, is wholly destitute of effect on the court’s control,…
1Dissent
*672DISSENTING-' OPINION.
WOODSON, J.
Because of, among other things, the great amount of property involved in this case, conservatively estimated to be worth $2,000',000', I devoted much time and labor, some six weeks, in the careful study, consideration and preparation of the divisional opinion filed herein by me.
After a careful consideration of the majority opinion, which has been written In Banc, I am unable to agree thereto; and am firmly of the opinion that it reaches erroneous and highly unjust conclusions.
I, therefore, dissent from the same for the reasons stated in my divisional opinion,…
2Cases cited84 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Freeman v. HoweSupreme Court of the United States · 1861
- Byers v. McAuleySupreme Court of the United States · 1893
- Buck v. ColbathSupreme Court of the United States · 1866
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
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