Becker v. Becker
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. George G. Hitchcock, Judge. (1) One cotenant cannot buy in an outstanding title to tbe exclusion of tbe other cotenants. Kohle v. H'obson, 215 Mo. 213; Hinters v. Hinters, 114 Mo. 29; Allen v. De G-roodt, 105 Mo. 452, 98 Mo. 161; Tisdale v. Tisdale, 2 Sneed, 596. (2) And when sucb a purchase is made, it inures to the others upon contribution.
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Appeal from St. Louis City Circuit Court. — Hon. George G. Hitchcock, Judge. (1) One cotenant cannot buy in an outstanding title to tbe exclusion of tbe other cotenants. Kohle v. H'obson, 215 Mo. 213; Hinters v. Hinters, 114 Mo. 29; Allen v. De G-roodt, 105 Mo. 452, 98 Mo. 161; Tisdale v. Tisdale, 2 Sneed, 596. (2) And when sucb a purchase is made, it inures to the others upon contribution. Nalle v. Parks, 173 Mo. 625; Allen v. De Groodt, 105 Mo. 452; Hinters v. Hinters, 114 Mo. 26. (3) And equity will declare the purchasing cotenant to have purchased for the benefit of all. Nalle v.…
1Opinion of the CourtWalker, J.
Henry Becker brought suit in equity in the circuit court of the city of St. Louis against his brother, George Becker, for an accounting and permission to pay into court for the benefit of the latter, one-half of whatever amount might be found to be due on account of the foreclosure of a deed of trust on a lot in said city claimed by plaintiff to be owned by himself and deféndant as tenants in common as sole heirs of their father George Becker, Sr., and which lot had at said sale been bought by defendant; that plaintiff be decreed to be the owner in fee of one-half of said lot and same not…
2Cases cited10 opinions
- Starkweather v. JennerSupreme Court of the United States · 1910
- Hinters v. HintersSupreme Court of Missouri · 1893
- Peak v. PeakSupreme Court of Missouri · 1910
- Picot v. PageSupreme Court of Missouri · 1857
- Jones v. StantonSupreme Court of Missouri · 1848
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Myers v. CrenshawCourt of Appeals of Texas · 1938
- Gilliam v. GohnSupreme Court of Missouri · 1957
- Willoughby v. BrandesSupreme Court of Missouri · 1927
- Rowell v. RowellMontana Supreme Court · 1946
- Evans v. CarterCourt of Appeals of Texas · 1915
4 more not listed; retrieve them via the Exa API.