Waldermeyer v. Loebig
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— Hon. Selden P. Spencer, Judge. (1) Plaintiff’s bill states no cause of action against these defendants, either at law or in equity: (a) The order of the probate court, a court, of limited jurisdiction, authorizing the curator to incumber the property of the minors, and the deed of trust and trustee’s deed executed pursuant thereto, were wholly void, both at law and in equity. Windleton v. 0 ’Brien, 68 Mo.
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Appeal from St. Louis City Circuit Court.— Hon. Selden P. Spencer, Judge. (1) Plaintiff’s bill states no cause of action against these defendants, either at law or in equity: (a) The order of the probate court, a court, of limited jurisdiction, authorizing the curator to incumber the property of the minors, and the deed of trust and trustee’s deed executed pursuant thereto, were wholly void, both at law and in equity. Windleton v. 0 ’Brien, 68 Mo. App-. 675 ; Beal v. ITarmon, 38 Mo. 435; Stronse v. Drennan,. 41 Mo. 289; Woods v. Boots, 60 Mo. 546; Blackburn v. Bolán, 88 Mo. 80; s. o., 14 Mo.…
1Opinion of the CourtMarshall, J.
This is a bill in equity for a sub-rogation, or for the establishment of an equitable lien of $9,439.16 upon house number 1812 South Broadway, in the city of St. Louis. The circuit court charged the *367property with, a lien for $8,450.78, wit]! interest at sis per cent from March 8, 1902, and Ordered the property sold to pay the same if the said amount was not paid within ninety days.
The trial developed the facts to he as follows:
Prior to May 27,1896, John Loehig owned the property, being a lot of ground in city block 711, at the-northeast corner of Broadway and Greyer avenue, on which was…
2Cases cited2 opinions
- Langston v. CanterburySupreme Court of Missouri · 1903
- Schultz v. LarkinMissouri Court of Appeals · 1893
3Cited by3 opinions
- Doke v. Benton County Lumber Co.Supreme Court of Arkansas · 1914
- Waldermeyer v. LoebigSupreme Court of Missouri · 1909
- Potter v. DavidsonOregon Supreme Court · 1933