WARFIELD v. BIXBY

No. 9108.

51 F.2d 210 (1931)

WARFIELD v. BIXBY et al.

Circuit Court of Appeals, Eighth Circuit.

August 17, 1931.


Attorney(s) appearing for the Case

Edward A. Macdonald, of Detroit, Mich., and James R. Claiborne, of St. Louis, Mo. (Edgar H. Ailes, of Detroit, Mich., Bishop & Claiborne, of St. Louis, Mo., and Miller, Canfield, Paddock & Stone, of Detroit, Mich., on the brief), for appellant.

James A. Reed, of Kansas City, Mo. (James E. Taylor and James J. McNamara, both of Kansas City, Mo., on the brief), for appellee Lucy McMillan.

John H. Holliday, of St. Louis, Mo., for appellee William K. Bixby.

Fred Armstrong, Jr., of St. Louis, Mo., for appellee Washington University.

P. Taylor Bryan and Thomas S. McPheeters, both of St. Louis, Mo., for appellees St. Louis Union Trust Co. and William K. Bixby.

Before STONE and GARDNER, Circuit Judges, and YOUMANS, District Judge.


GARDNER, Circuit Judge.

This is a suit brought by the appellant, who was plaintiff below, to set aside a written assignment made by her to Eliza McMillan and William Northrup McMillan, of one-half of her contingent interest in the estate of William McMillan, deceased, and for an accounting. The various defendants moved to dismiss the bill for want of equity, and, these motions having been sustained by the lower court, and the plaintiff having declined to further plead...

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