Bucher v. Hohl
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. — Ho». Frank R. Bearing, Judge. (1) A divorce proceeding is a proceeding in personam; in order that a court may acquire jurisdiction in proceedings in rem, there must be an actual seizure and possession of the res, or equivalent proceedings had by the officer of the court to bring the subject-matter before the court.
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Appeal from Jefferson Circuit Court. — Ho». Frank R. Bearing, Judge. (1) A divorce proceeding is a proceeding in personam; in order that a court may acquire jurisdiction in proceedings in rem, there must be an actual seizure and possession of the res, or equivalent proceedings had by the officer of the court to bring the subject-matter before the court. And in the divorce suit brought by Mrs. Mabee, as no' demand was made on lands, but the action brought was purely personal, the court had acquired no1 jurisdiction (of her lands.) Beyer v. Trust Company, 63 Mo. App. 521; Smith v. McCutchem, 38…
1Opinion of the CourtYalliant, J.
This is a suit to quiet title to 75 acres of land in Jefferson county. The trial in the circuit court resulted in a finding and judgment for the defendants, from which judgment the plaintiff'has appealed.
Both parties claim title derived from John Mabee who, it is agreed, owned the land in 1880 and on down until it passed either to the plaintiff in 1881, or to defendants in 1884.
April 5, 1881, plaintiff was the wife of John’ Ma-bee ; on that day John Mabee and wife conveyed a tract of 120 acres, of. which the 75 acres in suit were a part, by warranty deed, to Elizabeth M. Simon for the…
2Cases cited3 opinions
- Eoff v. IrvineSupreme Court of Missouri · 1891
- Davis v. KlineSupreme Court of Missouri · 1888
- Aultman, Miller & Co. v. LoringMissouri Court of Appeals · 1898
3Cited by7 opinions
- Schwind v. O'HalloranSupreme Court of Missouri · 1940
- Hudson v. WrightSupreme Court of Missouri · 1907
- Marshall v. HillSupreme Court of Missouri · 1912
- Bickel v. Argyle Investment Co.Supreme Court of Missouri · 1938
- Oviatt v. SmithMichigan Supreme Court · 1924
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