Leet v. Gratz, 92 Mo. App. 422 (1902)

Citation: Leet v. Gratz, 92 Mo. App. 422 (1902)
Parent Document: Leet v. Gratz, 92 Mo. App. 422 (1902)
Jurisdiction: Missouri (state)
Effective Date: 1902-02-18
Original Source: https://www.courtlistener.com/opinion/8296427/leet-v-gratz/ ↗

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So far as tbe order made by tbe circuit- court at tbe September term goes, it is clearly not binding on tbe minors, if, indeed it is on tbe adults. A final judgment bad been already rendered in tbe cause at tbe preceding term, and there could not be another. E. S. 1899, sec. 173. Tbe motion for a new trial was still pending, but there is nothing before us to show bow it was disposed of or that it was disposed of at all, or that tbe final judgment-previously entered was modified or set aside. In fact, it was neither modified nor set aside; for the plaintiffs undertook to acknowledge satisfaction of it as though it made them merely judgment creditors of tbe defendant Leet. We do not understand bow tbe curator of a minor can acknowledge satisfaction of a judgment which established bis ward’s ownership and right to tbe possession of a tract of land; for this would be, in effect, selling tbe land, which a curator can only do for tbe purposes and in tbe mode above stated. Moreover, said entry was wholly outside tbe scope of tbe pleadings, independent of tbe issues they raised, and was a registration of a stipulation between tbe parties, which stipulation tbe curator of tbe minors bad no more power to make than it bad to make tbe deed. White v. Rush, 58 Mo. 105. Undoubtedly its ward might assail it later by a bill in equity, if it would not, indeed, be treated as an absolute nullity. Gooch v. Green, 102 Ill. 507.

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