Carson v. Hecke
Supreme Court of Missouri
Appeal from. Chriton Circuit Court. — Hon. Fred La/mb, Judge. (1) The court erred in allowing John S. Lane to intervene or become a party defendant in this case, because under the law if he was a tenant by the curtesy, his tenancy attached at the birth of Emittie Roesen, which was prior to 1879, and he as such tenant had no interest that could be partitioned, and was not a necessary party to the partition suit, and his application should have been denied.
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Appeal from. Chriton Circuit Court. — Hon. Fred La/mb, Judge. (1) The court erred in allowing John S. Lane to intervene or become a party defendant in this case, because under the law if he was a tenant by the curtesy, his tenancy attached at the birth of Emittie Roesen, which was prior to 1879, and he as such tenant had no interest that could be partitioned, and was not a necessary party to the partition suit, and his application should have been denied. Atkinson v. Brady, 114 Mo. 200; Hayes v. McReynolds, 144 Mo. 348. (2) Sections 8499-8500 and 850.1, known as the Mortality Tables, was…
1Opinion of the CourtGoode, J.
This action was filed to have partitioned two parcels of land inherited by the parties as heirs of Annie E. Lane, who died intestate March 29,1915. The facts of the case, up to the interlocutory judgment rendered by the circuit court, are stated well in that judgment, which, omitting caption, reads as follows:
“Now on this the 21st day of September, 1916, this (cause) coming on to be heard and it appearing that all of the defendants have been served by process except Perry Keith who has since entered his appearance as defendant in this cause by answer filed.
“And the court finds that it has…
2Cases cited30 opinions
- Reinders v. KoppelmannSupreme Court of Missouri · 1878
- Abell v. Penn Mutual Life InsuranceWest Virginia Supreme Court · 1881
- Tebeau v. RidgeSupreme Court of Missouri · 1914
- Lilly v. MenkeSupreme Court of Missouri · 1894
- Collier v. Catherine Lead Co.Supreme Court of Missouri · 1907
25 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Gray Ex Rel. Brokel v. ClementSupreme Court of Missouri · 1920
- Gray v. ClementSupreme Court of Missouri · 1922
- Willhite v. RathburnSupreme Court of Missouri · 1933
- Keller v. KellerSupreme Court of Missouri · 1936
- Noyes v. StewartSupreme Court of Missouri · 1950
13 more not listed; retrieve them via the Exa API.