Estes v. Nell
Supreme Court of Missouri
Appeal from Laclede Circuit Court. — Hon. C. C. Bland, Judge. (1) The petition can not be sustained because of .multifariousness. Robinson v. Rice, 20 Mo. 229; Bank v. Bayless, 41 Mo. 274; Mead v. Brown, 65 Mo. 552; Peyton v. Rose, 41 Mo. 257. (2) The decree of the circuit court in this cause erroneously fails to consider or dispose of the interest of Ou. Edna Nell.
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Appeal from Laclede Circuit Court. — Hon. C. C. Bland, Judge. (1) The petition can not be sustained because of .multifariousness. Robinson v. Rice, 20 Mo. 229; Bank v. Bayless, 41 Mo. 274; Mead v. Brown, 65 Mo. 552; Peyton v. Rose, 41 Mo. 257. (2) The decree of the circuit court in this cause erroneously fails to consider or dispose of the interest of Ou. Edna Nell. (3) This whole matter is res judicata by reason of the judgment of the circuit court of Q-reene county and the mandate of this court in'the ease of JEstes et al. v. Nell et al., 108 Mo. 172; Keith v. Keith, 109 Mo. 130; Boogher v.…
1Opinion of the CourtBurgess, J.
This is an action for the partition of the following described land in Wright county, Missouri, to wit, the southeast quarter of the northeast quarter and the east half of the southeast quarter of section 8, and the west half of the southwest quarter of section 9, in township 29, of range 12, containing in all two hundred acres. The suit was begun in the circuit court of said county, but the venue was subsequently changed to the circuit court of Laclede county, where a trial was had resulting in a judgment in favor of plaintiffs, from which defendants Thomas H. Musick, Della Nell, now…
2Cases cited11 opinions
- Cochran v. ThomasSupreme Court of Missouri · 1895
- Shaw v. GregoireSupreme Court of Missouri · 1867
- Rozier v. GriffithSupreme Court of Missouri · 1860
- Sturgeon v. SchaumburgSupreme Court of Missouri · 1867
- Lambert v. BlumenthalSupreme Court of Missouri · 1858
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Armor v. FreySupreme Court of Missouri · 1913
- EC Robinson Lumber Company v. LowreyMissouri Court of Appeals · 1955
- Lange v. BakerMissouri Court of Appeals · 1964
- Stone v. PerkinsSupreme Court of Missouri · 1909
- Denton v. FyfeSupreme Court of Kansas · 1902
13 more not listed; retrieve them via the Exa API.