Tucker v. Tucker
Supreme Court of Missouri
Error to Cooper Circuit Court. The facts sufficiently appear in the opinion of the court. I. The demurrer should have been overruled. The petition is not multifarious. (Sto. Eq. PI. § 285, 286, 531, 540; Adams Eq. 309, 310 ;■ Brinkerhoff v. Brown, 6 Johns.
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Error to Cooper Circuit Court. The facts sufficiently appear in the opinion of the court. I. The demurrer should have been overruled. The petition is not multifarious. (Sto. Eq. PI. § 285, 286, 531, 540; Adams Eq. 309, 310 ;■ Brinkerhoff v. Brown, 6 Johns. Oh. 368; Bigbee v. Sargent, 23 Maine, 269; Dimmoch v. Bixley, 20 Pick. 368 ; Curtis v. Tyler, 9 Paige, 432; Gaines v. Chew, 2 How. 619 ; Oliver v. Pratt, 3 How. 411; 4 Mo. 116 ; Bray v. Thatcher, 28 Mo. 129; Martin v. Martin, 13 Mo. 36.) II. The petition states facts sufficient to constitute a cause of action. They bring this case within…
1Opinion of the Court
EwiNG, Judge,
delivered the opinion of the court. ’
There are two questions in this case: _ first, does the petition show a cause of action; second, is it objectionable for multifariousness ?
It appears from the petition that the decedent, Alexander Tucker, died in June, 1859, leaving the plaintiff Sarah Tucker his widow, Benjamin H. and William H. Tucker his two sons, and three grand-children, the issue of a deceased daughter, who are minoi’S ; that the decedent on the 7th of April, 1858, being possessed and legal owner of certain slaves, ten in number, by his deed of gift of said date, with…
2Cases cited5 opinions
- Davis v. DavisSupreme Court of Missouri · 1838
- Stone v. StoneSupreme Court of Missouri · 1853
- Ferguson v. PaschallSupreme Court of Missouri · 1848
- Bray v. ThatcherSupreme Court of Missouri · 1859
- Newland v. RogersNew York Court of Chancery · 1848
3Cited by32 opinions
- Robinson v. Springfield Co.Supreme Court of Florida · 1885
- Rice v. WaddillSupreme Court of Missouri · 1902
- Merz v. Tower Grove Bank & Trust Co.Supreme Court of Missouri · 1939
- Hatcher v. BufordSupreme Court of Arkansas · 1895
- Stroup v. StroupIndiana Supreme Court · 1895
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