Estes v. Nell
Supreme Court of Missouri
Appeal from Laclede Circuit Court. — Hon. L. B. Woodside, Judge. (1) The existence of the deed from plaintiff Estes to E. M. Mansfield, being a latent matter of fact unknown to the court and to defendants, the motion in the nature of a writ of eror coram nobis, lies. Marble v. Vanhorn, 53 Mo. App. 361.; Dugan v. Scott, 37 Mo. App. 666; Randalls v. Wilson, 24 Mo. 76; Walker v. Deavers, 79 Mo. 664; Nunan y.
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Appeal from Laclede Circuit Court. — Hon. L. B. Woodside, Judge. (1) The existence of the deed from plaintiff Estes to E. M. Mansfield, being a latent matter of fact unknown to the court and to defendants, the motion in the nature of a writ of eror coram nobis, lies. Marble v. Vanhorn, 53 Mo. App. 361.; Dugan v. Scott, 37 Mo. App. 666; Randalls v. Wilson, 24 Mo. 76; Walker v. Deavers, 79 Mo. 664; Nunan y. St. Joseph, 126 Mo. 92; Picket v. Ledgerwood, 7 Pet. 144; Arnold v. Sanford, 15 Johns. 534; Campbell y. Bennett, 16 Wend. 48; Bigham v. Brown, 4 Sneed (Tenn.) 432; Phillips v. Russell, 1…
1Opinion of the CourtGrANTT, J.
This is a suit to partition certain lands in Wright county, Missouri, between plaintiffs and defendants. An interlocutory decree was entered in the circuit court of Laclede county, to which the cause had been certified on a petition for a change of venue. From that decree the defendants prosecuted an appeal to this court,- and the judgment of the circuit court was affirmed. [Estes v. Nell et al., 140 Mo. 639.]
Prior to the commencement of this partition proceeding, plaintiffs had commenced and prosecuted successfully an action of ejectment against these defendants, whereby the interest of…
2Cases cited4 opinions
- Neenan v. City of St. JosephSupreme Court of Missouri · 1894
- Estes v. NellSupreme Court of Missouri · 1897
- Ex parte GraySupreme Court of Missouri · 1882
- Snell v. HarrisonSupreme Court of Missouri · 1895
3Cited by8 opinions
- Cross v. GouldMissouri Court of Appeals · 1908
- JR Watkins Company v. HubbardMissouri Court of Appeals · 1961
- Turner v. MooreSupreme Court of Oklahoma · 1911
- D. C. Wise Coal Co. v. Columbia Lead & Zinc Co.Missouri Court of Appeals · 1907
- Robertson v. Fuller Construction Co.Missouri Court of Appeals · 1905
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