Smith v. Moseley
Supreme Court of Missouri
Error to Boone Circuit Court. — Hon. E. W. Hinton, Special Judge. (1) The original petition in this case contains no claim for advancements, or interest on advancements. This petition was duly served upon the plaintiff in err-or, but the plaintiff in error being satisfied with any judgment which might he entered in accordance with the allegations and prayer of that petition, made default.
Read the full summary
Error to Boone Circuit Court. — Hon. E. W. Hinton, Special Judge. (1) The original petition in this case contains no claim for advancements, or interest on advancements. This petition was duly served upon the plaintiff in err-or, but the plaintiff in error being satisfied with any judgment which might he entered in accordance with the allegations and prayer of that petition, made default. Without any notice to the plaintiff in error an amended petition was filed setting up advancements and demanding interest- on advancements for a long period of time. The judgment in this case was rendered on…
1Opinion of the Court
BOND, C.
— Lizzie Smith, one of the twenty-two heirs at law of "William Moseley, deceased, filed a partition suit, making the other heirs defendants, in the circuit court of Boone county, on November 10', 1904, to sell" for division the remaining real estate of .their ancestor, who died in 1882, leaving a will setting forth the amount of the several advancements" made in his lifetime to his. children, and requiring such, advancements to be charged to the respective child who had received them, on the final distribution of the testator’s estate.
The petition prayed for the sale of the land,…
2Cases cited3 opinions
- Showles v. FreemanSupreme Court of Missouri · 1884
- Bagnell Timber Co. v. Missouri, Kansas & Texas RailroadSupreme Court of Missouri · 1904
- Guy v. MayesSupreme Court of Missouri · 1897
3Cited by9 opinions
- Crabtree v. Aetna Life InsuranceSupreme Court of Missouri · 1937
- Cullen v. StevensIllinois Supreme Court · 1944
- Bieser v. WoodsSupreme Court of Missouri · 1941
- Wallace v. WoodsSupreme Court of Missouri · 1937
- Martone v. BryanMissouri Court of Appeals · 1939
4 more not listed; retrieve them via the Exa API.