187 F. 921 | 8th Cir. | 1911
Lead Opinion
In view of these facts the court below dismissed the bill in this suit on February 10, 1910, and on the next day the corporation appealed to this court. On March 5, 19-10, Ben T. Castleman made a quitclaim deed of that specific tract of land adjudged to him by the decree of the state court to one Henry G. Fray, and on March 16, 1910, he made-a quitclaim deed of the tract set off to Ida May Castleman to the same grantee. On the same day the Mound City Company by a warranty-deed conveyed the land which was the subject of the suits to Henry G. Fray. A motion has been made founded upon these deeds to dismiss this appeal on the ground that the case has become a moot one, but that motion is passed without consideration because the decision of the merits of the case leads to the same result that the granting of the motion would bring about.
Counsel for the appellant argue that the state court had no jurisdiction to partition the 229 acres which was subject to the trust deed to Whitlow because the latter was not a party to the suit and the base fee to that part of the land was vested in him. But it had jurisdiction of all of Ben T. Castleman’s interest in the land, and hence of every right and interest therein that the appellant ever acquired, and also of all the rights and interests in the land of Ida May Castleman and Robert H: Castleman, the only parties who had undivided rights and interests with Ben T. Castleman and the onfy indispensable parties to the partition suit between them. Stevens v. Stevens, 172 Mo. 28, 37, 40, 72 S. W. 542.
Whitlow and his cestui que trust were subsequently, by amendment to the petition, lawfully made parties to the suit in the state court before the decree therein was rendered. The Mound City Company by its purchase of Ben T. Castleman pendente lite took its interest subject to wy such lawful subsequent amendment and the final decree rightly adjudicated the rights of all these parties in the 229 acres as well as in the balance of the land. There was no lack of any requisite jurisdiction in the state court either of the land or of the indispensable parties to the partition suit when the Mound City Company purchased the right and interest of Ben T. Castleman, and at any time after it obtained that deed it might have been made a party to the suit, . and have presented and secured an adjudication of every claim it had to the land and to the amount of its share therein. Revised Statutes Missouri 1899, § 4378.
This result is not founded on the conclusion that there was no error in any of the proceedings in the court below, but upon the ground that if the errors alleged had not been committed the result could not have been otherwise. For example: When the court below discovered that there was a prior suit pending in the state court between the same parties concerning the same specific property that court should not have stayed the prosecution of this suit, but should have proceeded with it as far as it could do so without creating a conflict regarding the possession or disposition of the property, and then, if there had been need to do so, it should have stayed its hand until the proceedings in the court of co-ordinate jurisdiction regarding the property were concluded or ample time for their termination had elapsed or that court had relinquished dominion. Boatmen’s Bank v. Fritzlen, 68 C. C. A. 288, 305, 135 Fed. 650, 667; Barber Asphalt Pav. Co. v. Morris, 66 C. C. A. 55, 132 Fed. 945, 949, 67 L. R. A. 761; Zimmerman v. So Relle, 25 C. C. A. 518, 521, 80 Fed. 417, 420; Williams v. Neely, 67 C. C. A. 171, 134 Fed. 1, 69 L. R. A. 232; Gates v. Bucki, 53 Fed. 961, 965, 4 C. C. A. 116, 120; McClellan v. Garland, 187 Fed. 915. But if the court below had done so the. decree in the state court would nevertheless have rendered all the issues in this suit res adjudicata and would have necessitated a dismissal of this bill. The decree which dismissed it is accordingly affirmed.
For other cases see same topic & § number in Dec. & Am. Digs. 1907 to date, & Rep’r Indexes
For other cases see same topic & § number in Dec. & Am. Digs. 1907 to date, & Rep'r Indexes
Concurrence Opinion
I concur in the result. The opinion contains some broad statements of principles which I think are beyond the needs of the case. As to them J withhold my judgment.