Legal Opinion

Stevens v. Fitzpatrick

Supreme Court of Missouri

Decided March 31, 1909PublishedCited by 11 opinions

Appeal from Clay Circuit Court. — Hon. J. W. Alexander, Judge. (1) The petition of plaintiffs herein does not contain allegations of fact sufficient to constitute a cause of action, or to warrant the decree rendered thereon in this cause.

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Appeal from Clay Circuit Court. — Hon. J. W. Alexander, Judge. (1) The petition of plaintiffs herein does not contain allegations of fact sufficient to constitute a cause of action, or to warrant the decree rendered thereon in this cause. The petition fails to state the facts constituting the alleged trust or operating to cause the deed to "William Stevens from Henry Smith to be a trust, the alleged purchaser E. A. Stevens being of full age and of sound mind, a lawyer by profession, a man of wealth and the owner of many lands. That no date of the execution of such alleged deed is named; the…

1Opinion of the Court

VALLIANT. J.

This suit involves the title to about 17 acres of land in Clay county, just across the fiver from Kansas City, being the east half of the southeast quarter of the northeast quarter section 23, township 50, range 33. According to the petition the land was purchased in 1881 by Edward A. Stevens and paid for by bim, but at his request and for his convenience the title was taken in the name of his father, William Stevens. William Stevens died in 1896, Edward died in 1902. The plaintiff, Ellen, is the widow of Edward, the executrix of his will and his devisee; the other plaintiffs are…

2Cited by11 opinions

  1. Kroh Bros. Development Co. v. State Line Eighty-Nine, Inc.Missouri Court of Appeals · 1974
  2. Collins v. CollinsArizona Supreme Court · 1935
  3. Cunningham v. KinnerkMissouri Court of Appeals · 1934
  4. Boatmen's National Bank v. FleddermanSupreme Court of Missouri · 1944
  5. Padgett v. OsborneSupreme Court of Missouri · 1949

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