Breidenstein v. Bertram
Supreme Court of Missouri
Appeal from Scotland Circuit Court. — Bow. E, B. McKee, Judge. (1) As to right of partition: Hutson v. Hutson, 139 Mo. 229; Hays v. McReynolds, 144 Mo-. 348; Estes v. Nell, 140 Mo. 650; Wo'mack v. Whitmore, 58 Mo. 448; Shaw v. Gregoire, 41 Mo. 407. In order to defeat a partition there must be an ouster or facts showing an ouster. It is not necessary, however, that such adverse possession should have continued the statutory period of ten years.
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Appeal from Scotland Circuit Court. — Bow. E, B. McKee, Judge. (1) As to right of partition: Hutson v. Hutson, 139 Mo. 229; Hays v. McReynolds, 144 Mo-. 348; Estes v. Nell, 140 Mo. 650; Wo'mack v. Whitmore, 58 Mo. 448; Shaw v. Gregoire, 41 Mo. 407. In order to defeat a partition there must be an ouster or facts showing an ouster. It is not necessary, however, that such adverse possession should have continued the statutory period of ten years. Hutson v. Hutson, 139 Mo. 236. In this case the pleadings as well as the evidence show that the issue was, is the plaintiff a grandchild of the…
1Opinion of the CourtFox, J.
This cause is in this court by appeal on the part of the defendants from a decree and judgment in partition of the circuit court of Scotland county, Missouri, in favor of the plaintiff. The petition is in the usual and ordinary form, alleging that on the — day of November, 1902, Conrad Bertram died seized of certain land in Scotland county, Missouri, therein described; that he left surviving him and as his sole heirs at law this plaintiff and the defendants herein; that Elizabeth Bertram is his widow; that three of *333the defendants are minors; that Conrad Bertram, prior to his death, made and…
2Cases cited8 opinions
- Adger v. AckermanCourt of Appeals for the Eighth Circuit · 1902
- Guitar v. GordonSupreme Court of Missouri · 1853
- Hockensmith v. SlusherSupreme Court of Missouri · 1858
- Bradley v. BradleySupreme Court of Missouri · 1857
- Schneider v. KoesterSupreme Court of Missouri · 1874
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3Cited by17 opinions
- Williams v. WilliamsSupreme Court of Virginia · 1918
- State Ex Rel. Canfield v. PorterfieldMissouri Court of Appeals · 1927
- Smith v. SteenNew Mexico Supreme Court · 1915
- Busby v. SelfSupreme Court of Missouri · 1920
- Lowtrip v. GreenSupreme Court of Missouri · 1952
12 more not listed; retrieve them via the Exa API.