Graves v. Graves
Court | United States State Supreme Court of Missouri |
Citation | 164 S.W. 496,255 Mo. 468 |
Parties | GRAVES v. GRAVES. |
Decision Date | 03 March 1914 |
Appeal from Circuit Court, St. Francois County; Chas. A. Killian, Judge.
Action by George W. Graves, by J. P. Cayce, guardian, against Amelia Graves. From a judgment on demurrer for defendant, plaintiff appeals. Reversed and remanded.
This cause reached this court on a mandate from the St. Louis Court of Appeals because title to real estate is involved. Plaintiff and defendant are husband and wife. The present action is one brought in equity to set aside a judgment of the circuit court of St. Francois county, by which judgment the title to certain lands had been decreed out of George W. Graves and vested in Amelia Graves. Plaintiff charges that he is the owner of the lands in dispute, and that such judgment, although void (as alleged in the petition), is a cloud upon his title. In 1904, at the May term of the St. Francois county circuit court, Amelia Graves brought suit to have the title of about 376 acres divested out of George W. Graves and vested in her. The decree attacked in the case at bar did decree title in Amelia Graves, and divested George W. Graves, the husband, of all title thereto. That petition is attacked in this case, as well as the judgment and proceedings thereon. In that petition Mrs. Graves stated that she was a daughter of David P. Hall, who died seised and possessed of about 1,030 acres of land; that said land descended to her and the other children of David P. Hall, and that the heirs agreed upon a partition of the land; that the land involved in the instant action is the part given to her in such partition; that such partition was effected by the several heirs deeding to each other.
From this point the petition had best speak for itself, and such portion reads:
In that case the summons was served upon George W. Graves. It seems that he had no guardian at that time. Now, reverting to the petition in the case before us at this time, it will perhaps be best to set out the material portions thereof, because the case passed off upon a demurrer below. After charging that he was and still is the owner of the land in question, and that he was adjudged insane in 1901 by the probate court of the county, and the previous suit and judgment, and that a guardian (now representing him in this suit) was appointed for him, the petition then thus proceeds: ...
To continue reading
Request your trial-
Lamb v. State
... ... Proc. 1715; Fugate v. State, 87 So. 554, 85 Miss ... 94, 107 Am. St. Rep. 268, 3 Ann. Cas. 326; Madden v ... Ferguson, 182 Ill.App. 210; Graves v. Graves, ... 164 S.W. 496, 255 Mo. 468; Smith v. Kingsley, 19 ... Wend. (N. Y.) 620; Wharton's Crim. Pl. & Pr. (9th Ed.) ... 779b; 5 Ency. Pl. & ... ...
-
Young v. Pressgrove
... ... 851; Riggs v ... Moise, 128 S.W.2d 632, 344 Mo. 177. (3) Respondent was ... properly appointed as guardian ad litem. Graves v ... Graves, 164 S.W. 496, 265 Mo. 468. (4) The court ... properly set aside the guardian ad litem's stipulation ... Campbell v. Campbell, 165 ... ...
-
Koewing v. Greene County Bldg. & Loan Ass'n of Springfield
...112, 226 S.W. 853; Beattie Mfg. Co. v. Gerardi, 166 Mo. 142; Baldridge v. Ryan, 260 S.W. 536; Hubbard v. Slavens, 218 Mo. 622; Graves v. Graves, 255 Mo. 468. (5) Delivery of whether by agent or other custodian, contrary to conditions or instructions, passes no title. 1 Mechem on Agency (2 E......
-
Koewing v. Building & Loan Assn.
...112, 226 S.W. 853; Beattie Mfg. Co. v. Gerardi, 166 Mo. 142; Baldridge v. Ryan, 260 S.W. 536; Hubbard v. Slavens, 218 Mo. 622; Graves v. Graves, 255 Mo. 468. (5) Delivery of deed, whether by agent or other custodian, contrary to conditions or instructions, passes no title. 1 Mechem on Agenc......