Draper v. Draper
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. This was a suit for partition of real estate. Tlio court decreed a- partition in kind. Such partition was accordingly made, by the final decree confirming the report of the commissioners. The court also decreed that all costs in the case be taxed against the plaintiffs and defendants according to their respective interests in■ the real estate divided.
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Appeal from Hannibal Court of Common Pleas. This was a suit for partition of real estate. Tlio court decreed a- partition in kind. Such partition was accordingly made, by the final decree confirming the report of the commissioners. The court also decreed that all costs in the case be taxed against the plaintiffs and defendants according to their respective interests in■ the real estate divided. The coni't, at the same time and in the same decree, allowed to the attorneys who brought the suit the sum of $1,800 as attorneys’ fees, which amount was ordered to. be taxed as other costs in the…
1Opinion of the CourtScott, Judge
This case involves the construction of the sixty-fifth section of the act concerning partition, which enacts that the *15judge of' the court, before whom any case of partition is bad, shall allow a reasonable attorney’s fee in favor of the attorney or attorneys bringing the suit, which shall be collected and taxed as other costs.
The writ of partition is a necessary one, and it has always had a place in our system of jurisprudence among joint owners of some hind. But there is ground for the apprehension that it has been made the means of. depriving thousands of orphans of their patrimony. The…
2Cited by6 opinions
- Hall v. FrenchSupreme Court of Missouri · 1901
- Haeussler v. City of St. LouisSupreme Court of Missouri · 1907
- Pinson v. CampbellMissouri Court of Appeals · 1907
- Jennings v. JenningsMissouri Court of Appeals · 1930
- In Re ReynoldsSupreme Court of Missouri · 1924
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