Hambel v. Lowry
Supreme Court of Missouri
Appeal from Carter Circuit Court. — Hon. W. N. Evans, Judge. (1) The petition introduced in evidence is insufficient to give the court or the clerk in vacation jurisdiction to issue an order of publication as to unknown interested parties; in other words, there is no sufficient allegation under the statute as to unknown interested parties.
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Appeal from Carter Circuit Court. — Hon. W. N. Evans, Judge. (1) The petition introduced in evidence is insufficient to give the court or the clerk in vacation jurisdiction to issue an order of publication as to unknown interested parties; in other words, there is no sufficient allegation under the statute as to unknown interested parties. R. S. 1899, sec. 580. The petition in this case does not allege or state that there are unknown interested parties, setting out their interest and how derived; in fact plaintiff states it has no knowledge of whether there are unknown interested parties or…
1Opinion of the CourtBlair, J.
This is a suit, under section 2535, Revised Statutes 1909, to quiet title. The petition is in usual form. The answer denies that plaintiffs own the the land, averring that defendant owns it, and praying that the court try and ascertain the title to the land (the southeast quarter of section 29, township 27, range 3 east) and decree title in defendant. Judgment went for defendant, and plaintiffs appealed.
Plaintiffs are the heirs at law of Charles Hambel, who died in 1874. Defendant claims under the Southwest Land & Orchard Company, and it is admitted he has acquired all title that company…
2Cases cited2 opinions
- Huff v. Laclede Land & Improvement Co.Supreme Court of Missouri · 1900
- Pratt v. . StevensNew York Court of Appeals · 1884
3Cited by10 opinions
- State v. SmithSupreme Court of Florida · 1989
- Lowry v. Parole and Probation Com'nSupreme Court of Florida · 1985
- Detroit Edison Co. v. Department of RevenueMichigan Supreme Court · 1948
- Simms v. ThompsonSupreme Court of Missouri · 1922
- Cole v. Parker-Washington Co.Supreme Court of Missouri · 1918
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