Freeman v. Wilkerson
Supreme Court of Missouri
Appeal from Linn Circuit Court. The instructions asked by the appellant should have been given. The respondents’ action was for the recovery of money only, and was an action at law, and in no sense an equity proceeding. (Wagn. Stat. 1040, § 12.) The amended answer asked no affirmative relief. It was defensive, and would not have enlarged the relief to which the respondents were entitled under their petition.
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Appeal from Linn Circuit Court. The instructions asked by the appellant should have been given. The respondents’ action was for the recovery of money only, and was an action at law, and in no sense an equity proceeding. (Wagn. Stat. 1040, § 12.) The amended answer asked no affirmative relief. It was defensive, and would not have enlarged the relief to which the respondents were entitled under their petition. The rule in equity cases is that no decree can be made not prayed for in the petition. (Evans v. Gribson, 29 Mo. 228 ; Bailey v. Ryder, 10 N. Y. 368; Flint v. Jones, 5 Wis. 424.; Koehler…
1Opinion of the CourtAdams, Judge
The plaintiffs are husband and wife, and brought this suit for the purchase-money of real estate, which the petition alleges belonged to the wife, for her sole and separate use, and that she sold it to defendant for $1,500, and at his request made the deed to one Stephen C. Smith.
The defendant set up an equitable defense, charging that this real estate had been bought with the husband’s money, while the defendant was liable for him for large amounts, and that the object of this transfer was to raise money to secure the defendant ; that after the sale to Smith, the defendant took a conveyance…
2Cited by11 opinions
- Danielson v. GudeSupreme Court of Colorado · 1887
- Wendover v. BakerSupreme Court of Missouri · 1894
- Shaffer v. DetieSupreme Court of Missouri · 1905
- Grand Lodge v. ElsnerMissouri Court of Appeals · 1887
- Kitchen v. Cape Girardeau & State Line RailroadSupreme Court of Missouri · 1875
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