Cohen v. Herbert
Supreme Court of Missouri
Appeal from St. Loáis City Circuit Court; — Horn Jas. B. Kinealy, Judge. (1) Appellants, at the death, of their sister Victoria, were each entitled to the one-eighth of the property in question. The will of the father gave to respondent Julia, and her sister Victoria, the property in common, and not as joint tenants, and so the court below held. Lemmons v. Reynolds, 170 Mo. 227; Rodney v. Landau, 104 Mo. 251; Davis v. Smith, 4 Har.
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Appeal from St. Loáis City Circuit Court; — Horn Jas. B. Kinealy, Judge. (1) Appellants, at the death, of their sister Victoria, were each entitled to the one-eighth of the property in question. The will of the father gave to respondent Julia, and her sister Victoria, the property in common, and not as joint tenants, and so the court below held. Lemmons v. Reynolds, 170 Mo. 227; Rodney v. Landau, 104 Mo. 251; Davis v. Smith, 4 Har. (Del.) 68; sec. 4600, R. S. 1899, same as at date of will; 2 Wagner’s Stat., p. 1352, chap. 140', sec. 12. (2) The will of Victoria made and executed whilst a…
1Opinion of the CourtGantt, J.
This is an action in ejectment to recover two-eighths of the premises known as number 305 North Broadway, in the city of St. Louis, Missouri, being a lot of twenty-nine feet on the west side of Broadway, by a depth of one hundred and two feet, the south line thereof being twenty-eight feet north of Olive street, and for partition thereof between the parties. The parties in interest are all the surviving children of Hyam H. Cohen, deceased, .under whom they all claim.
The first count is in the ordinary form for ejectment.
The second count alleges that the plaintiffs and defendants Julia Herbert…
2Cases cited16 opinions
- Brown v. . ClarkNew York Court of Appeals · 1879
- Evansville Ice & Cold Storage Co. v. WinsorIndiana Supreme Court · 1897
- Keith v. KeithSupreme Court of Missouri · 1888
- Stevens v. LarwillMissouri Court of Appeals · 1904
- Rodney v. LandauSupreme Court of Missouri · 1891
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State Ex Rel. Ashauer v. HostetterSupreme Court of Missouri · 1939
- Estate of AnthonyCalifornia Court of Appeal · 1932
- Selle v. RappSupreme Court of Arkansas · 1920
- Philbert v. CampbellSupreme Court of Missouri · 1927
- In Re Randall's EstateWashington Supreme Court · 1941
4 more not listed; retrieve them via the Exa API.