Hewitt v. Price
Supreme Court of Missouri
Appeal from Barton Circuit Court. — Hon. H. G. Timmonds, Judge. (1) The trial court was without jurisdiction to hear and determine the issues and matters set up in defendants’ answer affecting the title to real estate. R. S. 1899, sec. 564; 17 Ency. PL and Pr., 670; 12 Ency. Pl. and Pr., 135; 28 Am. and Eng. Ency.
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Appeal from Barton Circuit Court. — Hon. H. G. Timmonds, Judge. (1) The trial court was without jurisdiction to hear and determine the issues and matters set up in defendants’ answer affecting the title to real estate. R. S. 1899, sec. 564; 17 Ency. PL and Pr., 670; 12 Ency. Pl. and Pr., 135; 28 Am. and Eng. Ency. Law (1 Ed.), 201; Gray v. Marshall, 66 Mo. 123; Henderson v. Henderson, 55 Mo. 534; Railroad v. Mahoney, 42 Mo. 469; Bassett v. Fortin, 30 Minn. 27; Brown v. Turner, 113 Mo. 27; Morris v. Clair, 132 Mo. 232; Overton v. Over-ton, 131 Mo. 559; Hardware Co. v. Horn, 146 Mo. 129, 65 Mo.…
1Opinion of the CourtFox, P. J.
This cause is now before this court upon appeal by the plaintiff from a judgment and decree of the Barton Circuit Court. The origin of the controversy may thus be briefly stated:
On July 30, 1891, the defendants, S. C. Price and Clara A. Price, executed their promissory note to the plaintiff for nine hundred and forty dollars, due May 1, 1892, drawing interest at the rate of eight per cent *35per annum. This note was executed for the balance of the purchase money for an undivided interest in certain lands situate in Newton county, Missouri, which was conveyed by the plaintiff to the defendants.…
2Cases cited3 opinions
- Dunn v. McCoySupreme Court of Missouri · 1899
- Royston v. RoystonSupreme Court of Georgia · 1857
- Olney v. EatonSupreme Court of Missouri · 1877
3Cited by13 opinions
- Rice v. GriffithSupreme Court of Missouri · 1942
- Drannek Realty Co. v. Nathan Frank, Inc.Supreme Court of Missouri · 1940
- Sisk v. MolinaroSupreme Court of Missouri · 1964
- State ex rel. Gavin v. MuenchSupreme Court of Missouri · 1910
- State ex rel. Hartford Life Insurance v. ShainSupreme Court of Missouri · 1912
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