Cook v. Basom
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Jos. D. Perkins, Judge. (1) Tbe owners of land whose interests would be affected in this case are necessary parties to its complete determination. A suit can not be maintained in equity where a necessary party is not made such. Crawford v. Altman, 139 Mo. 262; Stein-man v. Strimple, 29 Mo.
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Appeal from Jasper Circuit Court. — Hon. Jos. D. Perkins, Judge. (1) Tbe owners of land whose interests would be affected in this case are necessary parties to its complete determination. A suit can not be maintained in equity where a necessary party is not made such. Crawford v. Altman, 139 Mo. 262; Stein-man v. Strimple, 29 Mo. App. 478. (2) If the estate which the landlord, the plaintiff in this case, had at the time of making the lease to this lessee, the defendant herein, is determined, then the lease is extinguished and said tenant is at liberty to attorn ■ to or take a new lease from…
1Opinion of the CourtGantt, J.
— This is an appeal from a decree of the circuit court of Jasper county, wherein the court decreed that plaintiff have and take from defendant and that defendant be divested of'all right, title, claim and interest in and to a certain mining lease made by A. H. Caffee to ,tke defendant, to the southwest quarter of the southeast quarter of section six in township 27, range 32, in Jasper county.
The bill is by plaintiff in her own right and as assignee of Mat. Doherty and S. H. Smith, and by it she sought to have defendant declared a trustee for her of said lease.
The petition is framed on the…
2Cited by6 opinions
- Shelton v. HarrisonMissouri Court of Appeals · 1914
- McFarland Real Estate Co. v. Joseph Gerardi Hotel Co.Supreme Court of Missouri · 1907
- Republic National Life Insurance Co. v. Missouri State Bank & Trust Co.Missouri Court of Appeals · 1983
- Kage v. 1795 Dunn Road, Inc.Supreme Court of Missouri · 1968
- Flat-Marks Realty Corp. v. Silver's Lunch Stores, Inc.Court of Appeals for the Second Circuit · 1934
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