PERRY v. WIGGINS

No. 9154.

57 F.2d 622 (1931)

PERRY v. WIGGINS.

Circuit Court of Appeals, Eighth Circuit.

As Modified on Denial of Rehearing, November 13, 1931.

Supplemental Petition for Rehearing Denied May 2, 1932.


Attorney(s) appearing for the Case

Paul Bakewell, Jr., of St. Louis, Mo., for appellant.

Daniel N. Kirby, of St. Louis, Mo. (Ethan A. H. Shepley, of St. Louis, Mo., on the brief), for appellee.

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


GARDNER, Circuit Judge.

This is an action at law to determine adverse claims to an undivided one-twelfth interest in certain real estate situate in the city of St. Louis, Mo., as provided for by certain Missouri statutes which permit such an action, even though neither of the parties is in actual possession of the property. A jury was waived by stipulation in writing, and the facts as agreed upon were submitted to the court in form of stipulation. As stated in appellant...

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