Hauser v. Murray
Supreme Court of Missouri
Appeal from Ray Circuit Court. — Hon. Francis H. Trimble, Judge. (1) The object of Sec. 650, R. S. 1899, now Sec. 2535, R. S. 1909, is not to determine title as against tbe whole world, as in proceedings in rem, but is to determine issues between adversary parties and their respective titles. Dixon v. Hunter, 201 Mo. 390. It was consequently unnecessary, therefore, to have Mrs. Moore made a party to this suit. Besides, no such objection was made in the trial below.
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Appeal from Ray Circuit Court. — Hon. Francis H. Trimble, Judge. (1) The object of Sec. 650, R. S. 1899, now Sec. 2535, R. S. 1909, is not to determine title as against tbe whole world, as in proceedings in rem, but is to determine issues between adversary parties and their respective titles. Dixon v. Hunter, 201 Mo. 390. It was consequently unnecessary, therefore, to have Mrs. Moore made a party to this suit. Besides, no such objection was made in the trial below. She has never asserted in any court claim to this property. (2) A jury was properly denied in view of the equitable defenses…
1Opinion of the CourtWalker, P. J.
— Preliminary. Plaintiffs Ada Hauser, David L. and Virginia C. Smith brought suit against defendants Mary L. Murray and her husband Guy E. Murray, in the circuit court of Ray county, under section 650, Eevised Statutes 1899, now section 2535, Revised Statutes 1909, to ascertain and determine the estate, title and interest of the parties named, to the following, described land in said county, viz.: the southeast quarter and the east half of the southwest *67quarter, except fifty-two acres off of the west side of said last described tract, of section seventeen; tbe northwest quarter of the…
2Cases cited19 opinions
- Lee v. ConranSupreme Court of Missouri · 1908
- Godman v. SimmonsSupreme Court of Missouri · 1892
- Barron v. BarronSupreme Court of Vermont · 1852
- Sullivan v. GarescheSupreme Court of Missouri · 1910
- Crook v. TullSupreme Court of Missouri · 1892
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3Cited by15 opinions
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