Yates v. Johnson
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Hon. H. S. Kelley, Judge. (1) The instructions numbered one and two, asked by the appellants' and refused by the court should have-been given. The record of the partition suit was conclusive against the plaintiff, Mary Tates. All her right, title and interest in the land was set up and adjudicated in that suit. The court had j imsdiction to settle the-title and conflicting rights of all the parties.
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Appeal from Nodaway Circuit Court. — Hon. H. S. Kelley, Judge. (1) The instructions numbered one and two, asked by the appellants' and refused by the court should have-been given. The record of the partition suit was conclusive against the plaintiff, Mary Tates. All her right, title and interest in the land was set up and adjudicated in that suit. The court had j imsdiction to settle the-title and conflicting rights of all the parties. She appeared to the action and the court found in the judgment of partition that she was duly notified. Her petition for review was decided against her. She…
1Opinion of the CourtBlack, J.
This is an action of ejectment for the undivided five-thirteenths of certain lands in Gentry county. The parties all claim through Solomon Yates, who died intestate leaving the plaintiff, as his widow, and thirteen children. The plaintiff acquired the interest in dispute by purchase from five of the children. On the fourth of April, 1870, she conveyed the same and her dower estate in the whole of the lands to Henry and George Willis, who on the same day conveyed same *216to Lewis in trust to secure their note of that date for six hundred dollars payable to plaintiff. Default was made in the…
2Cases cited4 opinions
- Loomis v. RileyIllinois Supreme Court · 1860
- Gray v. BowlesSupreme Court of Missouri · 1881
- Hull v. LyonSupreme Court of Missouri · 1858
- Wotten v. CopelandNew York Court of Chancery · 1823
3Cited by7 opinions
- Bushman v. BushmanSupreme Court of Missouri · 1925
- Harbison v. SanfordSupreme Court of Missouri · 1886
- Becker v. StroeherSupreme Court of Missouri · 1902
- Byars v. HoweSupreme Court of Missouri · 1925
- Livingston v. AllenMissouri Court of Appeals · 1900
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