Stockwell v. Stockwell
Supreme Court of Missouri
Appeal from Eay Circuit Court. — Hon. Francis H. Trimble, Judge. (1) The court erred in overruling plaintiffs’ demurrer to the new matter contained in defendant’s answer, “that under the law this estate cannot be partitioned and that the heirs of James M. Stockwell are necessary parties.”
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Appeal from Eay Circuit Court. — Hon. Francis H. Trimble, Judge. (1) The court erred in overruling plaintiffs’ demurrer to the new matter contained in defendant’s answer, “that under the law this estate cannot be partitioned and that the heirs of James M. Stockwell are necessary parties.” Robertson v. Brown, 187 Mo. 462. (2) The court erred in its finding and judgment that the estate described in plaintiffs’ petition could not be partitioned, and in dismissing plaintiffs’ petition and denying partition. Reinders v. Koppleman, 68 Mo. 482; Preston v. Brant, 96 Mo. 552; Godman v. Summons, 113…
1Opinion of the Court
BEOWN, C.
This is a suit for partition. The petition was filed in the Eay County Circuit Court February 25, 1911, and states that James M. Stockwell on June 27, 1905, being the owner in fee of the northeast quarter of the northeast quarter of section 28, township 54 of range 29 in said county, conveyed it by general warranty deed to the plaintiff Alice M. Stockwell and her bodily heirs; that said grantee is now fifty years old and has two children only, plaintiff Edith Grace Stockwell and defendant Major A. Stockwell, and that there is no living descendant of any deceased child; that Major Á.…
2Cases cited10 opinions
- Reinders v. KoppelmannSupreme Court of Missouri · 1878
- Mead v. . MitchellNew York Court of Appeals · 1858
- Godman v. SimmonsSupreme Court of Missouri · 1892
- Throckmorton v. PenceSupreme Court of Missouri · 1894
- Stewart v. JonesSupreme Court of Missouri · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Gray Ex Rel. Brokel v. ClementSupreme Court of Missouri · 1920
- Gray v. ClementSupreme Court of Missouri · 1922
- Willhite v. RathburnSupreme Court of Missouri · 1933
- Brown v. BibbSupreme Court of Missouri · 1947
- Davidson v. ToddSupreme Court of Missouri · 1943
14 more not listed; retrieve them via the Exa API.