Parkinson v. Caplinger
Supreme Court of Missouri
Error to Morgan Circuit Court. Hon. T. M. Rice, Judge. Allen was improperly made a party, because, at tbe time of bis application, final judgment bad been rendered, Wag. Stat., p. 1034, § 3; and because be claimed that the title to tbe real estate was absolutely and exclusively vested in him, and, if so, bis interests could not have been prejudiced by the partition suit.
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Error to Morgan Circuit Court. Hon. T. M. Rice, Judge. Allen was improperly made a party, because, at tbe time of bis application, final judgment bad been rendered, Wag. Stat., p. 1034, § 3; and because be claimed that the title to tbe real estate was absolutely and exclusively vested in him, and, if so, bis interests could not have been prejudiced by the partition suit. He was “ not only not a party to the suit, but he did not claim to hold under any one who was, nor did he claim to have purchased pendente lite.”' Peak v. Laughlin 49 Mo. 162. 1. The statement in the' body of the certificate…
1Opinion of the CourtNonton, J.
This was a suit instituted in the circuit court of Morgan county, for the partition of the following real estate in said county : the w|- of nej and nej of sej, section 13, township 42, range 17. At the August adjourned term of said court, held on the 3rd day of September, 1872, the court rendered judgment of partition between the plaintiffs and defendant Caplinger, and directed a sale of the premises to be made for that purpose. At the same term of the court, on the 1st day of October, 1872, defendant Allen, filed his motion to set aside said judgment, and for leave to be made a party to the…
2Cases cited11 opinions
- Harrison v. BartlettSupreme Court of Missouri · 1872
- Douglas v. OrrSupreme Court of Missouri · 1875
- Wilson v. North Missouri RailroadSupreme Court of Missouri · 1870
- Geary v. City of KansasSupreme Court of Missouri · 1875
- Harrington v. FortnerSupreme Court of Missouri · 1874
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3Cited by29 opinions
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- Collier v. Catherine Lead Co.Supreme Court of Missouri · 1907
- Aull v. DaySupreme Court of Missouri · 1896
- Greeley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Mitchner v. HolmesSupreme Court of Missouri · 1893
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