Speck v. Wohlien
Supreme Court of Missouri
Error to St. Louis Land Court. This was a suit instituted by Ann C. Speck, against L. Rudolph. Wohlien as-the only heir of Diedrick W. Wohlien, and also of Anna Wohlien, his wife, and against John Wolff, as the surviving administrator of the said Diedrick W. Wohlien. Plaintiff, in her petition, prayed that the title to a certain lot, situate in the St. Louis common, might be vested in her, the said plaintiff.
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Error to St. Louis Land Court. This was a suit instituted by Ann C. Speck, against L. Rudolph. Wohlien as-the only heir of Diedrick W. Wohlien, and also of Anna Wohlien, his wife, and against John Wolff, as the surviving administrator of the said Diedrick W. Wohlien. Plaintiff, in her petition, prayed that the title to a certain lot, situate in the St. Louis common, might be vested in her, the said plaintiff. The facts, as they appeared in proof on the trial, are as follows : The city of St. Louis, by deed dated May 22d, 1842, demised to Diedrich W. Wohlien lot No. 5, in block No. 14, of the…
1Opinion of the CourtScott, Judge
As to the question whether the Land Court has jurisdiction to afford the relief ashed by the plaintiff, we are of opinion that if a case had been made which would have warranted the equitable relief sought by the plaintiff', the Land Court would have been the proper tribunal to hear and determine the cause. We understand that wherever, by the rules of equity, a party is ■ entitled to have a right to land vested in him, the remedy may be had in the Land Court. It is a mistake to suppose that the mere fact of a final settlement of an estate having been made in the county court, of itself gives…
2Cases cited2 opinions
- Caldwell v. LockridgeSupreme Court of Missouri · 1845
- Moreau v. DetchemendySupreme Court of Missouri · 1853
3Cited by10 opinions
- Henry v. McKerlieSupreme Court of Missouri · 1883
- McVey v. McVeySupreme Court of Missouri · 1873
- Robbins v. BoulwareSupreme Court of Missouri · 1905
- Castleman v. RelfeSupreme Court of Missouri · 1872
- Wilkerson v. AllenSupreme Court of Missouri · 1878
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