Bobb v. Bobb
Supreme Court of Missouri
Cross-Appeals from St. Louis Court of Appeals. (1) It is an inflexible rule of equity pleadings that tbe equitable title upon which .plaintiff claims must be set out with certainty, and recovery must be had on the title so set out. Story’s Eq. Pis., secs. 241, 258; Ibid. 27, 28; Crockett 'o.
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Cross-Appeals from St. Louis Court of Appeals. (1) It is an inflexible rule of equity pleadings that tbe equitable title upon which .plaintiff claims must be set out with certainty, and recovery must be had on the title so set out. Story’s Eq. Pis., secs. 241, 258; Ibid. 27, 28; Crockett 'o. Lee, 7 Wheat. 527; Railroad v. Stewart, 4 O. É.- Green, 71; Jones v. Louderman, 37 Mo. 290. In this case, however, there is a total departure in the judgment from the cause of action stated in the petition. Plaintiff cannot declare upon one cause of action and recover upon another. Dougherty n. Matthews,…
1Opinion of the CourtBlack, J.
On April 18, 1843, the defendant, Charles Bobb, conveyed to Miss Hannah Letcher nine parcels of land in the city of St. Louis. This deed is in the usual form and expresses no trust. On the twenty-third of January, 1845, Hannah Letcher conveyed the same property, except three parcels which had been sold to Charles Bobb, in trust for the sole use and benefit of Mary H. Bobb, wife of said Charles and their children, Charles L., John H., and Lucy G-. Mary H. Bobb died in 1853. There had been born to her and Charles Bobb) since the *418execution, of the deed of trust, two children, Cora and Greorge.…
2Cases cited9 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Cruce v. CruceSupreme Court of Missouri · 1884
- In re DavisSupreme Court of Missouri · 1876
- Williams v. Heirs of PettigrewSupreme Court of Missouri · 1876
- Henderson v. Henderson's ExecutorsSupreme Court of Missouri · 1850
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3Cited by29 opinions
- Chambers v. ChambersSupreme Court of Missouri · 1910
- Bates v. HamiltonSupreme Court of Missouri · 1898
- Cornet v. CornetSupreme Court of Missouri · 1916
- Gaskins v. BonfilsCourt of Appeals for the Tenth Circuit · 1935
- Keener v. WilliamsSupreme Court of Missouri · 1925
24 more not listed; retrieve them via the Exa API.