Mason v. Crowder
| Decision Date | 10 June 1889 |
| Citation | 98 Mo. 352,11 S.W. 743 |
| Parties | MASON et al. v. CROWDER. SAME v. BLACK. |
| Court | Missouri Supreme Court |
Crittenden, McDougal & Stiles, for plaintiff in error. Rush & Ewing, for defendants in error.
This case was here before, and is reported in 87 Mo. 331.1 The circuit court had dismissed the plaintiffs' petition, and that judgment we reversed, and we remanded the cause, with directions. Subsequently we set aside the judgment of this court, and then again reversed the judgment of the circuit court, and remanded the cause, with directions different in some respects from those first given. The circuit court, on the return of the case, proceeded to and did enter up a full decree without the production of any evidence. In this there was error. Our last judgment decreed the title to be in the plaintiffs, even as against defendant, but as to any other and further relief we remanded the cause to be tried anew, on such evidence as the parties might produce, according to the principles of law asserted in the opinion first filed. Of course the court cannot decree title out of persons who are not before it, but it can divest defendant of any apparent title he may have, or cancel the deeds which are a cloud upon the plaintiffs' title. The trial court doubtless misunderstood the judgment last entered by this court. The judgment must therefore be again reversed, and the cause remanded for further proceeding; and it is so ordered. All concur.
1. Before publication of Southwestern Reporter was begun.
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