Elzea v. Dunn
| Decision Date | 05 March 1923 |
| Docket Number | No. 22089.,22089. |
| Parties | ELZEA et al. v. DUNN et al. |
| Court | Missouri Supreme Court |
Appeal from Hannibal Court of Common Pleas; A. H. Waller, Special Judge.
Action by Van B. Elzea and others against Frances C. Dunn and others to set aside a deed. From a judgment sustaining the deed in part and avoiding it in part, both cantles appeal. Plaintiffs' appeal dismissed.
Ferryman Henwood, David H. Eby, and Ben E. Hulse, all of Hannibal, for Van B. Elzea and others.
Readlen & White, of Hanzaibal., for Frances C. Dunn.
Appeal from the Hannibal court of common pleas of Marion county.
This was a suit in equity to set aside a certain deed made by Henry B. Elzea to defendant Frances C. Dunn.
The court below sustained the deed an to part of the property, and held it void as to the remaining property purporting to be conveyed thereby to said defendant Dunn.
From this decree, both parties appealed to this court. The plaintiffs, Van B. Elzea et al., in their appeal, contend that the deed should be wholly set aside. The defendants, Frances C. Dunn et al., in their appeal contend that the deed should be wholly sustained.
We have just determined the appeal of said defendants, Frances C. Dunn et al., being cause No. 22090 on our docket (249 S. W. 933), and held that said deed was valid in all respects, and vested a good title in all of the property described therein in said Frances C. Dunn. We accordingly reversed the judgment of the lower court and remanded the case, with directions to said court to set aside its judgment heretofore rendered, and enter judgment therein for the defendants and against the plaintiffs.
The result is that our decision in the defendants' appeal in this cause disposes of all the questions raised on the appeal of the plaintiffs therein, and that the appeal of said plaintiffs should therefore be and the same is hereby dismissed. Let it be so recorded.
RAGLAND, J., not sitting
To continue reading
Request your trial