Earls v. Farmers Production Credit Ass'n

CROW, Presiding Judge.

This is an appeal from an order dismissing a first amended petition in which Troy Earls and Mary Earls are named as plaintiffs, and Farmers Production Credit Association (“FPCA”) and Richard Dean King *695(“King”) are named as defendants. The first amended petition was filed October 26, 1985. Paragraph 1 thereof alleges, among other things: “... Plaintiff, Troy Earls, is now deceased, having died on October _, 1985.”

The capacity to sue, be sued, or be a party appellant or respondent, reposes only in persons in being. Farrar v. Moore, 416 S.W.2d 711, 712[1] (Mo.App.1967).…