Barkhoefer v. Barkhoefer
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Son. Jacob Klein■, Judge. (1) Respondents’ claim was adjudicated in the partition suit. Barkhoefer’s curtesy interest in tbe wife’s one-seventh of the land was involved therein, and was lessened by the finding and decree that her interest consisted of the remainder after the payment of the. deed of trust. Akers v. Hobbs, 105 Mo. 127; Lloyd v. Davis, 124 Cal. 348; Barnes v. Cunningham, 9 Rich. Eq.
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Appeal from St. Louis City Circuit Court. — Son. Jacob Klein■, Judge. (1) Respondents’ claim was adjudicated in the partition suit. Barkhoefer’s curtesy interest in tbe wife’s one-seventh of the land was involved therein, and was lessened by the finding and decree that her interest consisted of the remainder after the payment of the. deed of trust. Akers v. Hobbs, 105 Mo. 127; Lloyd v. Davis, 124 Cal. 348; Barnes v. Cunningham, 9 Rich. Eq. (S. Car.) 475. (2) Under the statutes and law respondents’ claim, if any, was one which could have been litigated in the partition suit. Secs. 4373, 4375,…
1Opinion of the CourtGoode, J.
This action was brought by appellant’s minor children against him to recover a sum of money alleged to have been paid out of their interest in certain land involved in a partition suit, in which cause, as in this, they acted by their curator, the St. Louis Trust Company. The children’s *375interest in the land was derived from their mother, Fannie Barkhoefer, wife of appellant, she having died intestate, owning an undivided one-seventh interest in the lands belonging to the estate of her father, John J. Menges, deceased.
On or about May 22, 1888, Fannie Barkhoefer and her husband made and…
2Cases cited10 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Hamilton-Brown Shoe Co. v. SaxeySupreme Court of Missouri · 1895
- Holloway v. HollowaySupreme Court of Missouri · 1888
- Short v. TaylorSupreme Court of Missouri · 1897
- Thompson v. HoldenSupreme Court of Missouri · 1893
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3Cited by10 opinions
- La Rue v. KempfMissouri Court of Appeals · 1914
- Boillot v. Income Guaranty Co.Missouri Court of Appeals · 1937
- Willbrook v. WortenSupreme Court of Oklahoma · 1929
- Barber Asphalt Paving Co. v. FieldMissouri Court of Appeals · 1906
- State Ex Inf. McKittrick v. Missouri Public Service Corp.Supreme Court of Missouri · 1943
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