Pullen v. Hart
Supreme Court of Missouri
Appeal from. Dunklin Circuit Court. — Hon. W. 8. C. Walker, Judge. (1) The court erred in admitting incompetent, immaterial and irrelevant evidence. Development Co. v. Clayton, 219 S. W. 601; Bell v. Brinkman, 123 Mo. 270. (2) A court cannot partition land unless all the heirs and all parties interested in the land are before the court.
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Appeal from. Dunklin Circuit Court. — Hon. W. 8. C. Walker, Judge. (1) The court erred in admitting incompetent, immaterial and irrelevant evidence. Development Co. v. Clayton, 219 S. W. 601; Bell v. Brinkman, 123 Mo. 270. (2) A court cannot partition land unless all the heirs and all parties interested in the land are before the court. Even the petition must show they have all the heirs in court, and every person having interest in such premises must he made a party, and in the trial if it is shown that all parties are not interested then judgment cannot be had. Secs. 1997, 1998, R. S. 1919;…
1Opinion of the Court
GrRAYES, -J.
— This is a suit in partition; The subject of partition is eighty acres of land in Pemiscot County. The petition is an ordinary one in partition, averring, however, that the plaintiffs are only entitled to one-eighteenth interest each in the lands, which interests had been fixed by judgment in a previous suit. They also averred that partition in kind could not be made without great prejudice to their interests, and asked that the land be sold and the proceeds divided. Defendants, excepting William Hunter, filed a general denial by way of answer. This is the showing-made in the…
2Cases cited4 opinions
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- McPherson v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1888
- Guenther v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1888
- Benoist v. ThomasSupreme Court of Missouri · 1894
3Cited by6 opinions
- Bushman v. BushmanSupreme Court of Missouri · 1925
- Clay v. OwenSupreme Court of Missouri · 1936
- Lapierre v. Kinney Coal Co.Missouri Court of Appeals · 1929
- Taylor v. KelderMissouri Court of Appeals · 1935
- Rains v. ThorntonCourt of Appeals of Texas · 1955
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