Doerner v. Doerner
| Decision Date | 26 March 1901 |
| Docket Number | 2 |
| Parties | CHARLES A. DOERNER et al., Appellants, v. ELIZA DOERNER, Appellant |
| Court | Missouri Supreme Court |
Appeal from St. Louis City Circuit Court. -- Hon. L. B. Valliant Judge.
Reversed and remanded.
E. T Farish, R. P. Williams, Jno. D. Gibson and M. G. Levinson for appellants.
Kehr & Tittmann for respondents.
This is part and parcel of the same suit as that appearing by a similar title (Doerner v. Doerner, 161 Mo. 399, 61 S.W. 801), though by a different number. After filing the petition, some doubt arose in the minds of the attorneys as to whether or not the allegations in the petition were broad enough to let in proof of the rents and profits derived from the real estate since the ninth day of February, 1897, which is the day upon which the youngest child arrived at her age of majority. The plaintiff, thereupon, on the day the case was set for trial, asked leave to amend the petition by interlineation, setting out the amount of rents and profits derived by Eliza Doerner, the defendant, from the property since the ninth day of February, 1897.
The court denied this application in the following language:
The court in its decree, after finding that Eliza Doerner was entitled to a life estate in one-third of the property, and that, subject to said life estate, plaintiff and the other defendants were each entitled to one-sixth of the property, further declared as follows: "And the court finds that the defendant, Eliza Doerner, is not liable for any rents or profits on the premises before her life estate is set aside and allotted to her, and finds the issue as to said rents and profits and as to accounting therefor, in favor of the defendant, Eliza Doerner."
Within due time, the plaintiff and several of the defendants filed their motion to amend and modify that portion of the decree just above quoted, so as to charge defendant Eliza Doerner with the rents on two-thirds of the property from February 9, 1897. This motion being denied, the movers excepted.
The plaintiff in this case in his petition, after stating that Eliza Doerner had always collected and received the rents and profits of the property, proceeds to ask: "That an accounting be had of said rents and profits, and that there may be decreed to him his right, share and interest therein." In addition to this prayer, he also prays for general relief. This petition, so far as plaintiff's claim for rents, etc., is certainly good.
In addition to that, defendant Eliza...
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