WELBORN v. RIGDON

No. 41419.

231 S.W.2d 127 (1950)

WELBORN v. RIGDON.

Supreme Court of Missouri, Division No. 1.

Rehearing Denied July 10, 1950.


Attorney(s) appearing for the Case

Ira B. Burns, Cliff Bailey, Kansas City, for appellant.

R. C. Tucker, John Murphy, William H. Wilson, J. Gordon Siddens, Tucker, Murphy, Wilson & Siddens, all of Kansas City, for respondent.


LOZIER, Commissioner.

Appellant (hereinafter referred to as plaintiff) appeals from a judgment dismissing his petition "for want of equity and prematurely brought." The judgment also dismissed the cross-petition of respondent (hereinafter referred to as defendant), but she did not appeal. The amount in dispute exceeds $7500, and title to real estate is involved.

The petition was, substantially: That defendant owned a combined apartment house and drugstore...

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