165 Mo. 452 | Mo. | 1901
In Division Two,
This is the second appeal in this case. It was before this court at the April term, 1897, and is reported in 139 Mo. 146. At that time several tracts of land, other than the tracts involved in this appeal, were in controversy. The judgment of the trial court was affirmed (which was for the defendants) as to all the land except three forty-acre tracts, which are referred to and described in the record
The trial court, however, construed the former decision as leaving open for investigation the sale and purchase by Mrs. West of the lands in question, went into all the facts and details of the administration, including the charges of fraud in the management of the estate, and found that there was no fraud, but found that the purchase money was not paid. Defendants appeal.
All the legal propositions presented by this appeal, and passed upon by the court below upon the last trial were passed upon by this court when the case was here before, and, therefore, the law of the ease settled. [Chouteau v. Gibson, 76 Mo. 38; Overall v. Ellis, 38 Mo. 209; Metropolitan Bank v. Taylor, 62 Mo. 338; Chapman v. Railroad, 146 Mo. 481; May v. Crawford, 150 Mo. 504; Bealey v. Smith, 158 Mo. 521.]
In Baker v. Railroad, 147 Mo. 140, it is said: “When a ease like this is reversed and remanded, it is in effect a direction- to the court to retry it according to the law as declared in the opinion, and to decline to do so, would at least subject the trial court to criticism.”
In Banc.
The foregoing opinion of Burgess, J., in Division Two, is approved and adopted by the Court in Banc.