Fulbright v. Cannefox
Supreme Court of Missouri
Appeal from Greene Circuit Cowrt. In the year 1855 proceedings for the partition of the real estate of Joseph Cannefox, deceased, were instituted by his widow and heirs. All the parties to the suit were made parties plaintiff, among others Sarah J. Humphries, a minor daughter of said Cannefox, whose husband had previously died. She appeared by attorney, no guardian being appointed.
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Appeal from Greene Circuit Cowrt. In the year 1855 proceedings for the partition of the real estate of Joseph Cannefox, deceased, were instituted by his widow and heirs. All the parties to the suit were made parties plaintiff, among others Sarah J. Humphries, a minor daughter of said Cannefox, whose husband had previously died. She appeared by attorney, no guardian being appointed. The court ordered a sale of the property, and upon the sale William J. Cannefox became the purchaser of a portion of the land, and gave his note to the sheriff for $2,080, with Sarah Cannefox and others as…
1Opinion of the CourtNapton, Judge
All the facts which we think necessary to enable tlie court to make a satisfactory and equitable adjustment of this controversy are not before tlie court. Tlie main defence, originally set up in tlie case, undoubtedly proceeded upon grounds which would not now be considered available and which were so determined on the trial. But the case ultimately took another turn, and the principal point finally relied on as a defence to this suit was the infancy of Sarah J. Humphries, one of the parties plaintiff in the partition proceeding, and her appearance by attorney. It was also insisted that one…
2Cited by5 opinions
- Cochran v. ThomasSupreme Court of Missouri · 1895
- Forder v. DavisSupreme Court of Missouri · 1866
- Scott v. RoystonSupreme Court of Missouri · 1909
- Townsend v. CoxSupreme Court of Missouri · 1870
- Payne v. MasekSupreme Court of Missouri · 1893