Walker v. Garner
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Hon. Francis H. Trimble, Judge. (1) Tbe strip of land now in question could not be sold by tbe sheriff in any event, because tbe court bad no jurisdiction to order it sold.
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Appeal from Clay Circuit Court. — Hon. Francis H. Trimble, Judge. (1) Tbe strip of land now in question could not be sold by tbe sheriff in any event, because tbe court bad no jurisdiction to order it sold. Tbe pleadings in tbis case admit that appellant alone was in possession adversely of tbe strip sued for when tbe partition suit of Cbappell v. Garner was filed.' Therefore, not being held in common, and tbe other parties having no possession in said strip, it could not be sold in paxtition. Chamberlain, v. Waples, 193 Mo. 96; Estes v. Nell, 1401 Mo. 639. (2) The respondent Walker is…
1Opinion of the Court
ROY, C. —
This is an ejectment suit in which the plaintiff recovered judgment and defendant has appealed.
In the spring of 1883, the exact date not given, in a partition suit among the widow and heirs of James C. Garner, the commissioners made a report which contained the following:
“Homestead.
“Quantity and quality being by us relatively considered, we first set off and delivered unto said Letitia A. Garner her homestead in all said real estate, including therein the mansion house of said James Con-noway Garner, deceased, at the time of his death — to the value of fifteen hundred dollars, which…
2Cases cited11 opinions
- American Insurance v. 356 Bales of CottonSupreme Court of the United States · 1828
- Rutherford v. TracySupreme Court of Missouri · 1871
- Campbell v. JohnsonSupreme Court of Missouri · 1869
- Mitchner v. HolmesSupreme Court of Missouri · 1893
- Cooley v. WarrenSupreme Court of Missouri · 1873
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Boxley v. EasterSupreme Court of Missouri · 1959
- Fancher v. ProckSupreme Court of Missouri · 1935
- Goins v. MeltonSupreme Court of Missouri · 1938