Gulick v. Huntley
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Edward C. Crow, Judge. (1) The parties to the partition in the probate court acquiescing and each taking possession thereof thereunder made it a good partition in equity and said partition is binding on their creditors and grantees and plaintiff would only be entitled to a decree confirming the partition.
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Appeal from Jasper Circuit Court. — Hon. Edward C. Crow, Judge. (1) The parties to the partition in the probate court acquiescing and each taking possession thereof thereunder made it a good partition in equity and said partition is binding on their creditors and grantees and plaintiff would only be entitled to a decree confirming the partition. Sutton v. Porter, 119 Mo. 102; Smith v. Patterson, 95 Mo. 529; Nave v. Smith, 95 Mo. 600; Pasen v. Barnett, 50 Mo. 507. (2) The respondent, a married woman, was bound by her acquiescence in the partition made and is bound by agreeing to a parol…
1Opinion of the CourtMarshall, J.
This is a proceeding in equity for an injunction, and to confirm a parol partition to lands.
In 1886 Ezra Huntley died, seized of large tracts of land in Jasper county and elsewhere. By his will he left his wife, Mary, one third of his property, real and personal, for life, “and after her death the same to be divided equally, share and share alike, between my sons and daughters,” and in case of the decease of any of his children before the death of his wife, the share of such child to go to the heirs of the body of such deceased, and if there were no heirs,.said share to be divided equally…
2Cases cited7 opinions
- Reinders v. KoppelmannSupreme Court of Missouri · 1878
- Preston v. BrantSupreme Court of Missouri · 1888
- Hazen v. BarnettSupreme Court of Missouri · 1872
- Atkinson v. BradySupreme Court of Missouri · 1893
- Sutton v. PorterSupreme Court of Missouri · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Betts v. WardSupreme Court of Alabama · 1916
- Noyes v. StewartSupreme Court of Missouri · 1950
- Edwards v. LatimerSupreme Court of Missouri · 1904
- Uphaus v. UphausSupreme Court of Missouri · 1958
- Liles v. LilesMissouri Court of Appeals · 1906
2 more not listed; retrieve them via the Exa API.