Dillon v. Bowles
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court; Where five of six tenants in common take such action as secures to all a perfect title to property, they will be regarded as acting for all. — 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 the St. Louis Circuit Court; Where five of six tenants in common take such action as secures to all a perfect title to property, they will be regarded as acting for all. — 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, 424 ; Rothwell v. Dewees, 2 Black, 618, 619. Tenants in common are bound to contribute each his proportionate share of the expense necessary for preserving the common pi'operty. — Freem. on Co-ten. &Part., sects. 175, 263, 278, 322,- City of New Orleans v. Oity of Baltimore,…
1Opinion of the CourtHayden, J.
The present question turns on the propriety of the action of the court below in striking out certain parts of the petition and excluding evidence corresponding to those facts upon the trial. One Harvey, a minor, was a tenant in common with the defendant Caleb Bowles and four others, of I tod of which partition is asked, each party having been owner of a sixth part, and heirs of Elizabeth Lipp, deceased. The deceased had made a will, by which she devised the land to one Sullens. This petition for partition alleges that the six heirs, defendants here, had by deeds of warranty conveyed their…
2Cases cited1 opinion
- Bicknell v. BicknellMassachusetts Supreme Judicial Court · 1873
3Cited by3 opinions
- Houck v. BridwellMissouri Court of Appeals · 1888
- Dillon v. BowlesSupreme Court of Missouri · 1883
- Horstmeyer v. ConnorsMissouri Court of Appeals · 1894