Boothe v. Stephen M.
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon. N. D. Thurmond, Judge. (1) Error was committed by the trial court in entering a judgment of partition, as the undisputed evidence showed that the defendants Stephen M. Cheek and Mary E. Cheek, his sister, were holding this, land adversely to the plaintiffs, and to all others, claiming title thereto by virtue of the deed from Sophia E. Hutts, to Stephen M. Cheek, and by virtue by the will of John Hutts deceased.
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Appeal from Boone Circuit Court. — Hon. N. D. Thurmond, Judge. (1) Error was committed by the trial court in entering a judgment of partition, as the undisputed evidence showed that the defendants Stephen M. Cheek and Mary E. Cheek, his sister, were holding this, land adversely to the plaintiffs, and to all others, claiming title thereto by virtue of the deed from Sophia E. Hutts, to Stephen M. Cheek, and by virtue by the will of John Hutts deceased. On that subject, our Supreme Court said: “It is well established in this State that where one is in the possession of land claiming it adversely…
1Opinion of the Court
BLAIR, C.
Partition
This appeal is from a decree of the e^rci1^ court of Boone county partitioning one hundred and twenty acres of land.
John Hutts formerly owned the land, but in 1876 a judgment for $1628.65 against him was obtained by the administrators of John Kinkade and the land was sold under execution in April, 1877. Hnder an arrangement with Hutts, George T. Drain bought in *126the land for him with money which the weight of the evidence shows Iiutts furnished. The price paid was less than half the judgment. There is evidence this plan was adopted by reason of other debts Iiutts owed and to…
2Cases cited4 opinions
- Hughes v. BurrissSupreme Court of Missouri · 1885
- McIlwrath v. HollanderSupreme Court of Missouri · 1880
- Ex parte FullerU.S. Circuit Court for the District of Massachusetts · 1842
- Griffith v. DewittTennessee Supreme Court · 1859
3Cited by4 opinions
- Simmons v. Kansas City Jockey ClubSupreme Court of Missouri · 1933
- Byrne v. ByrneSupreme Court of Missouri · 1921
- Ross v. First Presbyterian ChurchSupreme Court of Missouri · 1917
- Hollis v. Kansas City Light & Power Co.Missouri Court of Appeals · 1920