Holloway v. Holloway
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Hon. N. M. Givan, Judge. (1) The order of sale and partition herein shows error on its face, in view of the fact found in the decree “that said John Holloway has held possession of said real estate since March 1, 1885, and has refused to allow said plaintiffs or T. P. Holloway to enter and hold or enjoy the same, or any portion thereof, and still holds the same * * * although demand has been made to jointly occupy the same with him.”
Read the full summary
Appeal from Cass Circuit Court. — Hon. N. M. Givan, Judge. (1) The order of sale and partition herein shows error on its face, in view of the fact found in the decree “that said John Holloway has held possession of said real estate since March 1, 1885, and has refused to allow said plaintiffs or T. P. Holloway to enter and hold or enjoy the same, or any portion thereof, and still holds the same * * * although demand has been made to jointly occupy the same with him.” Qravierv. Ivory, 34 Mo. 522 ; Lambert v. Luenthall, 26 Mo. 473 ; Shaw v. Gregoire, 41 Mo. 407. (2) A tenant in common is not…
1Opinion of the CourtBrace, J.
This is an action for partition and sale of real estate. The amended petition on which this case was tried is substantially as follows: That plaintiffs are husband and wife; that on the ninth day of October, 1883, said plaintiff George C. Holloway, husband, *634was the owner of the real estate sought to be divided ; that on that day he executed a deed of trust on all of said lands except twenty acres to the defendant Ingram to secure a note of four thousand dollars and interest, due from said Holloway to the defendant, the Missouri Trust Company ; that afterwards on the first of November, 1883,…
2Cases cited14 opinions
- Goodenow v. EwerCalifornia Supreme Court · 1860
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
- Hudson v. PutneyWest Virginia Supreme Court · 1878
- Leach v. BeattieSupreme Court of Vermont · 1860
- Dameron v. JamesonSupreme Court of Missouri · 1879
9 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Camp Phosphate Co. v. AndersonSupreme Court of Florida · 1904
- Armor v. FreySupreme Court of Missouri · 1913
- Humphreys v. Atlantic Milling Co.Supreme Court of Missouri · 1889
- Byrne v. ByrneSupreme Court of Missouri · 1921
- Hillens v. BrinsfieldSupreme Court of Alabama · 1895
26 more not listed; retrieve them via the Exa API.