Gray Ex Rel. Brokel v. Clement
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Benjamin J. Klene, Judge. (1) The circuit court had no jurisdiction to render a judgment in partition in the case of Josephine Brokel and Prank Brokel v. Mary Brokel et al., because the petition showed on its face that Josephine Brokel had an estate for life in said property, and under the statute a life tenant cannot maintain partition against those having the estate in remainder.
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Appeal from St. Louis City Circuit Court. — Hon. Benjamin J. Klene, Judge. (1) The circuit court had no jurisdiction to render a judgment in partition in the case of Josephine Brokel and Prank Brokel v. Mary Brokel et al., because the petition showed on its face that Josephine Brokel had an estate for life in said property, and under the statute a life tenant cannot maintain partition against those having the estate in remainder. Sec. 3339, R. S. 1879, now Sec. 2559, R. S. 1909; Stockwell v. Stockwell, 262 Mo. 671. (2) Though a court may possess jurisdiction of the subject-matter and of the…
1Opinion of the Court
This suit, under Section 2535, Revised Statutes 1909, is to determine title to certain land in the City of Saint Louis. There was judgment for the defendants, and plaintiffs appealed. The common source of title was Francois Giraldin who died in 1878. The plaintiffs claimed under his will. The defendants claimed under a sale made in pursuance of a decree of partition, wherein the devisees of Francois Giraldin were parties.
The will of Giraldin, filed and probated December 26, 1878, in the Probate Court of the City of Saint Louis, devised to Josephine Brokel, his only living child, the wife of…
2Cases cited9 opinions
- Scott v. RoystonSupreme Court of Missouri · 1909
- Rivard v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1914
- Stark v. KirchgraberSupreme Court of Missouri · 1905
- Stockwell v. StockwellSupreme Court of Missouri · 1914
- Carson v. HeckeSupreme Court of Missouri · 1920
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- Deffenbaugh Industries, Inc. v. PottsMissouri Court of Appeals · 1990
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