Bunel v. Springfield Savings Bank

• Citation: 101 S.W. 78
• Parties: BUNEL et al. v. SPRINGFIELD SAVINGS BANK et al.
• Decision Date: 28 March 1907
• Court: Missouri Supreme Court

101 S.W. 78

BUNEL et al. v. SPRINGFIELD SAVINGS BANK et al.

Supreme Court of Missouri, Division No. 1.

March 28, 1907.

Appeal from Circuit Court, Greene County; Jas. T. Neville, Judge.

Bill by Henry Napoleon Bunel and another against the Springfield Savings Bank and others. From a decree sustaining a demurrer to the evidence, and dismissing plaintiffs' bill, they appeal. Affirmed.

Barclay, Shields & Fauntleroy and F. S. Heffernan, for appellants. Delaney & Delaney and E. W. Banister, for respondents.

LAMM, J.

This is a suit praying for a decree divesting title to a piece of property in the city of Springfield out of defendants and into plaintiffs. It is a companion case to that in which an opinion has been just handed down (101 S. W. 69), and is between the same parties, except in this case the Springfield Savings Bank is a defendant, instead of Nester, and the real estate involved is the tract known in the former record as the "First National Bank building and lot." The record is the same in both cases. By stipulation this case was to abide the result in the former. As the chancellor, nisi, sustained a demurrer to the evidence in the former case, and dismissed plaintiffs' bill, and as we have found no error in that ruling, let the same ruling in this case be approved.

The judgment is, accordingly, affirmed. All concur, except WOODSON, J., not sitting.