Bailey v. McGinniss
Supreme Court of Missouri
Appeal from, Glay Circuit Court. I. The judgment of partition, etc. in the Circuit Court, rendered March1 29th, 1870, in the case of Andrew J. Rupe vs. Susan E. Malott, was absolutely null and void, and no title could be acquired under it; 1st — because there had been a previous judgment of partition in said cause, and commissioners appointed to divide the land, rendered March 17, 1869, and it had not been vacated or set aside when the second judgment was rendered ; there…
Read the full summary
Appeal from, Glay Circuit Court. I. The judgment of partition, etc. in the Circuit Court, rendered March1 29th, 1870, in the case of Andrew J. Rupe vs. Susan E. Malott, was absolutely null and void, and no title could be acquired under it; 1st — because there had been a previous judgment of partition in said cause, and commissioners appointed to divide the land, rendered March 17, 1869, and it had not been vacated or set aside when the second judgment was rendered ; there cannot he two judgments in same case; 2nd — because on the 29th day of March 1870, and until on and after May 26th, 1873,…
1Opinion of the Court
NaptoN, Judge,
delivered.the opinion of the court.
This was an ejectment to recover 180 acres of land in Clay Countyí The case was tried by the court, and the plaintiffs recovered 8-9 of the land.
The land in dispute belonged to the estate of ¥m. Eupe, deceased. There were nine heirs of said Eupe, to-wit: four sons, Andrew, Eicliard, David and Harvey,and five daughters, Mrs. Malott, Mrs. Carroll, Mrs. Hayden, Mrs. Ish and Mrs. 'Willoughby, the last of whom died before her father, leaving two children, who represented her portion of the land.
The plaintiffs claim indirectly through a judgment in…
2Cases cited4 opinions
- Murray v. BallouNew York Court of Chancery · 1815
- Herrington v. HerringtonSupreme Court of Missouri · 1858
- Metcalf v. LarnedSupreme Court of Missouri · 1867
- Rush v. RushSupreme Court of Missouri · 1854
3Cited by15 opinions
- Leonard v. SparksSupreme Court of Missouri · 1893
- South Missouri Lumber Co. v. WrightSupreme Court of Missouri · 1893
- Moon's Adm'r v. R. & A. R. R.Supreme Court of Virginia · 1884
- McGrath v. St. Louis, Kansas City & Colorado RailroadSupreme Court of Missouri · 1895
- Cassidy v. KlugeTexas Supreme Court · 1889
10 more not listed; retrieve them via the Exa API.