Klotz v. Perteet
Supreme Court of Missouri
Appeal from, Butler Circuit Court. — Hon. John Gr. Wear, Judge. (1) The defendant was entitled to a jury to try the issues joined. Const, of U. S. Amendments ; Const, of Mo.; R. S. 1879, secs. 3345, 3352, 3386. (2) The court should have sustained defendant’s application for a change of venue. Baily v. Kimbrough, 37 Mo. 182. (3) The court had no authority as against an adverse possession and actual disseizin to direct a partition.
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Appeal from, Butler Circuit Court. — Hon. John Gr. Wear, Judge. (1) The defendant was entitled to a jury to try the issues joined. Const, of U. S. Amendments ; Const, of Mo.; R. S. 1879, secs. 3345, 3352, 3386. (2) The court should have sustained defendant’s application for a change of venue. Baily v. Kimbrough, 37 Mo. 182. (3) The court had no authority as against an adverse possession and actual disseizin to direct a partition. Lambert v. Blumenthal, 26 Mo. 471; Shaw v. Oregoire, 41 Mo. 407 ; Wommack v. Whitmore, 58 Mo. 448 ; Nave v. Todd, 83 Mo. 607 ; Dolby v. Sniffer, 57 Mo. 294. (1) The…
1Opinion of the CourtRay, C. J.
This is a suit in partition, petition in usual form, commenced originally in the circuit court of Reynolds county, but taken by change of venue, on the application of plaintiff, to the circuit court of Butler county. The case was tried by the court without a jury, and the issues found for plaintiff. The court found that the property^uróuTdThot be divided in kind, ordered a sale therepfand approved the report of sale, and entered a final/judgment partitioning the proceeds among the parties in interest.
When the cause was regularly called for trial, the pleadings and issues being duly made up,…
2Cases cited3 opinions
- Stearns v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1887
- Keen v. SchnedlerSupreme Court of Missouri · 1887
- Kansas City, Clinton & Springfield Railway Co. v. CarlisleSupreme Court of Missouri · 1887
3Cited by7 opinions
- Gibney v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Vining v. Franklin Fire InsuranceMissouri Court of Appeals · 1901
- Ross v. Grand Pants Co.Supreme Court of Missouri · 1912
- State ex rel. Sansone v. WoffordSupreme Court of Missouri · 1892
- State v. MunchMissouri Court of Appeals · 1894
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