Brown v. Bibb

(dissenting) — I cannot concur in the majority opinion herein. The opinion proceeds on the theory that it makes no difference that there were no allegations in the petition in the 1890 suit to show that the living children of the life tenant were made parties as representing the whole class of bodily heirs, as well as in their own right as presumptive bodily heirs, as was true in both of the cases cited as authority for affirming the judgment herein, namely: Jackson v. Miller, 288 Mo. 232, 232 S. W. 104; White v. Campbell, 316 Mo. 949, 292 S. W. 51.

I think the failure of the petition in this…