Dillon v. Bowles
Supreme Court of Missouri
Appeal from, St. Louis■ Court of Appeals. The adult heirs could do no act to assert or protect the title to their interest in the land, without giving the minor the benefit. In fact it may be said there was a duty imposed on them to do what was necessary to protect the common interest. Tisdale v. Tisdale, 2 Sneed 599; Van . Horne v. Fonda, 5 Johns. Ch. 407; Weaver v. Wille, 25 Pa. St. 272; Lloyd v. Lynch, 28 Pa.
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Appeal from, St. Louis■ Court of Appeals. The adult heirs could do no act to assert or protect the title to their interest in the land, without giving the minor the benefit. In fact it may be said there was a duty imposed on them to do what was necessary to protect the common interest. Tisdale v. Tisdale, 2 Sneed 599; Van . Horne v. Fonda, 5 Johns. Ch. 407; Weaver v. Wille, 25 Pa. St. 272; Lloyd v. Lynch, 28 Pa. St. 423; Bothwell v. Dewees, ■ 2 Black 618. It being the duty of every one of the coheirs to assert and protect the common title, it follows that it was incumbent on each one to…
1Opinion of the CourtRay, J.
This was a petition, in the St. Louis circuit court, for the partition of certain real estate therein specified, in which the plaintiff claimed that (by reason of certain facts and allegations therein stated) he was the owner and entitled to an undivided eleven-twelfths of said real estate; and that the defendant, Harvey, who was a minor, was the owner and entitled to the remaining one-twelfth thereof, and asked for judgment of partition accordingly. *607On motion of defendant Harvey, by his guardian ad litem, certain specified portions of the petition were, by the court, stricken out, as…
2Cases cited2 opinions
- Bicknell v. BicknellMassachusetts Supreme Judicial Court · 1873
- Dillon v. BowlesMissouri Court of Appeals · 1880
3Cited by7 opinions
- Jones v. YoreSupreme Court of Missouri · 1897
- Grissom v. BeidlemanSupreme Court of Oklahoma · 1912
- Houck v. BridwellMissouri Court of Appeals · 1888
- Campbell v. CampbellSupreme Court of Missouri · 1942
- Fenn v. Hart Dairy Co.Missouri Court of Appeals · 1935
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