Legal Opinion · Dissent

Mercier v. West Kansas City Land Co.

Supreme Court of Missouri

Decided October 15, 1880Published

JError to Jackson Circuit Court. — IIon. Samuel L. Sawyer, Judge. This was an action of ejectment. The answer of defendant, after denying the plaintiffs’ right to possession, set up a title in defendant under a deed executed by William Gillis, as trustee of Maria Louisa Mercier and her family, dated November 20th, 1865 ; that this deed was so made in pursuance of an order or decree of the circuit court of Jackson county, made September 23rd, 1858, upon a petition that day…

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JError to Jackson Circuit Court. — IIon. Samuel L. Sawyer, Judge. This was an action of ejectment. The answer of defendant, after denying the plaintiffs’ right to possession, set up a title in defendant under a deed executed by William Gillis, as trustee of Maria Louisa Mercier and her family, dated November 20th, 1865 ; that this deed was so made in pursuance of an order or decree of the circuit court of Jackson county, made September 23rd, 1858, upon a petition that day filed in said court by said Gillis, as such, trustee, and said Maria Louisa Mercier, in her own right; that the title to…

1Dissent

Hough, J.,

Dissenting. — It is conceded by my associates that the proceeding in the circuit court which terminated in the decree of the 24th day of September, 1847, was a proceeding for the settlement of the wife’s equity, and that the court in its decree should have made provision for the children of Mrs. Mercier. The decree which was made, is as follows :

Maria Louisa Mercier, by her 1 On petition to vest trust

next friend, Benoist Troost. j funds in real estate.

Now at this day conies the said petitioner, by her solicitor, and files her petition herein,-praying the court to make an order on…

2Cases cited8 opinions

  1. Hall v. StephensSupreme Court of Missouri · 1877
  2. Minnesota Co. v. ChamberlainSupreme Court of the United States · 1866
  3. Executors of White v. WhiteSupreme Court of Vermont · 1857
  4. Roberts v. MoseleySupreme Court of Missouri · 1873
  5. Kinney v. MathewsSupreme Court of Missouri · 1879

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