Newman v. Newman
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court — Hon. Leroy B. Yalliant, Judge. (1) Tliis action should, on plaintiff’s theory, and as the court has found that the agreement and deeds of September, 1889, were void, have been brought against the heirs of Socrates Newman, as well as against the trustee under his will, (a) His will could not devise what he absolutely had no title to, as the decree, if valid, determines, (b) The Roger’s deed was to the trustee and his heirs, and those…
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Appeal from St. Louis City Circuit Court — Hon. Leroy B. Yalliant, Judge. (1) Tliis action should, on plaintiff’s theory, and as the court has found that the agreement and deeds of September, 1889, were void, have been brought against the heirs of Socrates Newman, as well as against the trustee under his will, (a) His will could not devise what he absolutely had no title to, as the decree, if valid, determines, (b) The Roger’s deed was to the trustee and his heirs, and those heirs were necessary parties, (c) Without the heirs as parties, the court was without jurisdiction to vest title in a…
1Opinion of the CourtBurgess, J.
This is a proceeding in equity by plaintiff, wife of William A. Newman, against Lewis A. Newman, trustee and executor under the will of Socrates Newman, to have a certain house and lot, described in the petition, reconveyed to a trustee, and that the defendant be required to pay out of the funds of the estate of his testator, Socrates Newman, *403a certain mortgage placed thereon by him, and for other relief.
By order of court William A. Newman, husband of plaintiff, was made a party defendant, but the case was subsequently dismissed as to him also by order of court.
" The material averments of the…
2Cases cited13 opinions
- Seitz v. MitchellSupreme Court of the United States · 1877
- Colton v. StanfordCalifornia Supreme Court · 1890
- Weil v. SimmonsSupreme Court of Missouri · 1877
- Ewing v. ShannahanSupreme Court of Missouri · 1892
- Crook v. TullSupreme Court of Missouri · 1892
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3Cited by3 opinions
- Hudson v. CahoonSupreme Court of Missouri · 1906
- Newton v. RebenackMissouri Court of Appeals · 1901
- Connecticut Mutual Life Insurance v. CarsonMissouri Court of Appeals · 1914