Robinson v. McCune
Supreme Court of Missouri
Appeal from Pike Circuit Cowt. — Hon. E. M. Hughes, Judge. (1) The supreme court in equity cases will make findings of fact according to the weight of the evidence, and will determine the law of the case, not being bound by the findings of fact or the conclusions of law of the trial court. Thompson v. Cohen, 24 S. W. Rep. 1025. (2) Appleberry was a nonresident and penniless.
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Appeal from Pike Circuit Cowt. — Hon. E. M. Hughes, Judge. (1) The supreme court in equity cases will make findings of fact according to the weight of the evidence, and will determine the law of the case, not being bound by the findings of fact or the conclusions of law of the trial court. Thompson v. Cohen, 24 S. W. Rep. 1025. (2) Appleberry was a nonresident and penniless. His interest in the property which he claimed to own as remainder-man, and which is here in controversy, had been sold at a back tax sale. This created an outstanding adverse title — a title standing as much in the way of…
1Opinion of the Court
Gantt, P. J. —
This is an appeal from a decree of the circuit court of Pike county divesting the heirs of Addison Tinsley, deceased, of title to lot 35, block 2, of Luce and McAlister’s addition to the city of Louis-' iana, Missouri.
D. R. Appleberry, a resident of Boston, Massachusetts, was the owner in fee of said lot, subject to a life estate in his sister Mrs. Celina Rose, until March 16, 1888. Mrs. Rose died a short time prior to this last date. Appleberry had come to see her, and was in Louisiana when she died.
*580During the lifetime of Celina Rose, there was considerable litigation in regard…
2Cases cited1 opinion
- Mathews v. AppleberryMissouri Court of Appeals · 1894
3Cited by2 opinions
- Masonic Home v. WindsorSupreme Court of Missouri · 1936
- Union National Bank v. BarkerSupreme Court of Missouri · 1898