McClanahan v. West
Supreme Court of Missouri
Error to Jackson Circuit Court.—Hon. T. A. Gill, Judge. (1) A court of general jurisdiction in partition cases must pursue the statute to the letter, and the Jackson circuit court acquired no jurisdiction over the plaintiff in this case to make partition of her father’s lands till she was first served with copy of the petition of West et at., and notice of its intended presentation, and proof thereof, being first made in open court.
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Error to Jackson Circuit Court.—Hon. T. A. Gill, Judge. (1) A court of general jurisdiction in partition cases must pursue the statute to the letter, and the Jackson circuit court acquired no jurisdiction over the plaintiff in this case to make partition of her father’s lands till she was first served with copy of the petition of West et at., and notice of its intended presentation, and proof thereof, being first made in open court. This, as appears, was done as to the adult defendant, but not as to the minor defendants. (2) Jurisdiction over the subject-matter and the person must be shown…
1Opinion of the CourtSherwood, J.
This proceeding, an equitable one, was instituted by plaintiffs in May, 1885, whereby they sought to set aside and hold for naught a judgment and sale in partition, the sheriff’s deed and subsequent conveyances, on various grounds set forth in the petition which iji substance alleged: William K. Anthony died in 1858, the owner of the land described in the petition; that he left as his only heirs at law, Robert Gf., Marion, George, Jackson, Lewis, Lillie, and Nancy T.; that soon after the death of said William K. Anthony, his daughter Marion married Thomas West; that in 1854 a proceeding was…
2Cases cited22 opinions
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- Adams v. CowlesSupreme Court of Missouri · 1888
- Austin v. LoringSupreme Court of Missouri · 1876
- Mueller v. KaessmannSupreme Court of Missouri · 1884
- Gates v. TustenSupreme Court of Missouri · 1886
17 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Spotts v. SpottsSupreme Court of Missouri · 1932
- State v. WearSupreme Court of Missouri · 1898
- Bensieck v. CookSupreme Court of Missouri · 1892
- Smoot v. JuddSupreme Court of Missouri · 1904
- Cochran v. ThomasSupreme Court of Missouri · 1895
48 more not listed; retrieve them via the Exa API.