Randolph v. Ellis
Supreme Court of Missouri
Appeal from Linn Circuit Court. — Hon. John P. Butler, Judge. (1) The court had no jurisdiction to take an accounting between the parties in this action and the decree is a nullity. Howard v. Brown, 197 Mo. 36; Seidel v. Cornwell, 166 Mo. 51. (2) This suit was instituted under the statute in relation to quieting land titles and the law does not authorize a decree for the specific performance of a contract in such a proceeding.
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Appeal from Linn Circuit Court. — Hon. John P. Butler, Judge. (1) The court had no jurisdiction to take an accounting between the parties in this action and the decree is a nullity. Howard v. Brown, 197 Mo. 36; Seidel v. Cornwell, 166 Mo. 51. (2) This suit was instituted under the statute in relation to quieting land titles and the law does not authorize a decree for the specific performance of a contract in such a proceeding. R. S. 1899, sec. 650. (3) The above cited section was amended in 1909, so that might have a broader application, but under the section as it stood at the time of the…
1Opinion of the Court
ROY, C.
This action is under section 650, Re-, vised Statutes 1899, brought in the circuit court of Linn county. The defendant in her answer admits title in the plaintiff Anna Randolph, but claims under a contract with the plaintiff’s grantor, J. B. Schott, dated March 1, 1901, by which it was agreed that she should occupy the premises as tenant of Schott for eighty-five and a third months, paying seven dollars and fifty cents per month rent. The contract provided that at the end of that time, and on payment in full of the rent, Schott was to convey to her, and that a failure to pay seven…
2Cases cited4 opinions
- O'Fallon v. KennerlySupreme Court of Missouri · 1869
- Howard v. BrownSupreme Court of Missouri · 1906
- Seidel v. CornwellSupreme Court of Missouri · 1901
- Bedford v. SykesSupreme Court of Missouri · 1902
3Cited by6 opinions
- Koehler v. RowlandSupreme Court of Missouri · 1918
- Farmers State Bank v. AntonNorth Dakota Supreme Court · 1924
- Stuart v. Colorado Eastern RailroadSupreme Court of Colorado · 1916
- Hunt v. Estate of HuntMissouri Court of Appeals · 2011
- Clark Real Estate Co. v. Old Trails Investment Co.Supreme Court of Missouri · 1934
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