Little v. Browning
Supreme Court of Missouri
Appeal from Linn Circuit Court. — Hon. Fred Lamb, Judge. The judgment was absolutely void as to Alice Horn-beck-Reynolds. She was only fifteen years old. McMurtry v. Fairley, 194 Mo. 502. Lack of service made the judgment open to collateral attack. McClanahan v. West, 100 Mo. 309; Winningham v. Trueblood, 149 Mo. 572. (1) The judgment as to Martha J. Little is valid and binding, but if not it is only voidable and cannot be attacked in this collateral proceeding.
Read the full summary
Appeal from Linn Circuit Court. — Hon. Fred Lamb, Judge. The judgment was absolutely void as to Alice Horn-beck-Reynolds. She was only fifteen years old. McMurtry v. Fairley, 194 Mo. 502. Lack of service made the judgment open to collateral attack. McClanahan v. West, 100 Mo. 309; Winningham v. Trueblood, 149 Mo. 572. (1) The judgment as to Martha J. Little is valid and binding, but if not it is only voidable and cannot be attacked in this collateral proceeding. Chrisxnan v. Divinia, 141 Mo. 122; Charley v. Kelley, 120 Mo. 134; Cochran v. Thomas, 131 Mo. 258; Townsend v. Cox, 45 Mo. 401;…
1Opinion of the CourtJames T. Blair, J.
The petition is drawn under Section 1970, Revised Statutes 1919. The purpose of the proceeding is to quiet title to land in Linn County. No equities are set up in either the petition or answer. The case was tried to the court sitting as a jury. No declarations of laAV Avere asked or given.
It is stipulated that Eliza J. Hornbeck is the common source of title. She acquired the land in 1874. Tn 1880 she died intestate. She Avas survived by her husband, Isaac, and by six children, the plaintiffs Martha J. Little and Alice H. Reynolds and defendants John Hornbeck, Frank Hornbeck, Mary Young…
2Cases cited12 opinions
- Gardner v. HallIllinois Supreme Court · 1862
- Abbott v. SempleIllinois Supreme Court · 1860
- Correll v. GreiderIllinois Supreme Court · 1910
- Bell v. BrinkmannSupreme Court of Missouri · 1894
- Ely v. TallmanWisconsin Supreme Court · 1861
7 more not listed; retrieve them via the Exa API.