Legal Opinion

Connecticut Mutual Life Insurance v. Smith

Supreme Court of Missouri

Decided June 27, 1893PublishedCited by 73 opinions

Appeal from St. Louis City Circuit Court. — Hon-Daniel Dillon, Judge. By this equitable proceeding, instituted March 4,. 1886, the plaintiff sought relief in equity as follows: To establish as against the defendant a trust in an undivided one-fifteenth of a tract of land in the city of St.' Louis, known as United States survey number 2500; the cancellation of certain deeds obtained as alleged by defendant of one Darby through fraud and a gross breach of trust, while acting…

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Appeal from St. Louis City Circuit Court. — Hon-Daniel Dillon, Judge. By this equitable proceeding, instituted March 4,. 1886, the plaintiff sought relief in equity as follows: To establish as against the defendant a trust in an undivided one-fifteenth of a tract of land in the city of St.' Louis, known as United States survey number 2500; the cancellation of certain deeds obtained as alleged by defendant of one Darby through fraud and a gross breach of trust, while acting as the trusted agent of Mrs. Washington, from whom plaintiff claims through mesne conveyances to Fisher & Wade and from…

1Opinion of the CourtSherwood, J.

— Upon the evidence adduced in support of the issues made by the pleadings, various questions arise requiring consideration.

I. The. settled law of this state as illustrated by frequent instances in this court is that the capacity of a corporation to take a conveyance of land cannot, after the transfer has reached completion, be called in question in a collateral wav. but by the state and not by a privase suitor. This doctrine applies to all classes of actions and in every variety of cases. Chambers v. City, 29 Mo. 573; Land v. Coffman, 50 Mo. 243; *290Railroad v. City, 66 Mo. 251; Thorton v.…

2Cases cited38 opinions

  1. National Bank v. MatthewsSupreme Court of the United States · 1879
  2. Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859
  3. Chambers v. City of St. LouisSupreme Court of Missouri · 1860
  4. Brown v. . VolkeningNew York Court of Appeals · 1876
  5. Sands v. CodwiseCourt for the Trial of Impeachments and Correction of Errors · 1808

33 more not listed; retrieve them via the Exa API.

3Cited by73 opinions

  1. Trice v. ComstockCourt of Appeals for the Eighth Circuit · 1903
  2. Anglo-American Land, Mortgage & Agency Co. v. LombardCourt of Appeals for the Eighth Circuit · 1904
  3. Bradley v. ReppellSupreme Court of Missouri · 1896
  4. Dickey v. VolkerSupreme Court of Missouri · 1928
  5. Lind v. WebberNevada Supreme Court · 1913

68 more not listed; retrieve them via the Exa API.

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