Aull v. Day
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) Under section 2246, Revised Statutes, 1889, as amended in Session Laws of 1889, at page 70, the interlocutory judgment in partition determines the rights of the parties and is beyond the control of the court making the same after the term at which such judgment is rendered.
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Appeal from Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) Under section 2246, Revised Statutes, 1889, as amended in Session Laws of 1889, at page 70, the interlocutory judgment in partition determines the rights of the parties and is beyond the control of the court making the same after the term at which such judgment is rendered. U. S. v. Bailey, 9 Peters, 272; Schuller v. Boclminkle, 19 Mo. 647; Jones v. Evans, 80 Mo. 565; Boring v. Groomer, 110 Mo. 632; White v. Mitchell, 60 Texas, 164; Williams v. Wells, 62 Iowa, 740; see. 2206, R. S. 1889; Freeman on Judgments, sec. 34;…
1Opinion of the CourtMacfarlane, J.
Suit for the partition of real •estate in Lafayette county. Maria Pomeroy died in August, 1892, intestate, seized of the land in suit. She left surviving her as her sole heirs at law three nephews and three nieces who were living, and the children ■of one nephew and three nieces whose parents died before the death of intestate. Appellants are of the latter class of grandnephews and grandnieces.
The petition stated the death of the said Maria Pomeroy, described the land, and named the heirs, stating their respective relationship to deceased and interests in the land as follows:
*342“Plaintiffs…
2Cases cited13 opinions
- Thomson v. WoosterSupreme Court of the United States · 1885
- Ohio Central R. Co. v. Central Trust Co. of NYSupreme Court of the United States · 1890
- Blanchard v. CookeMassachusetts Supreme Judicial Court · 1887
- Parkinson v. CaplingerSupreme Court of Missouri · 1877
- Holloway v. HollowaySupreme Court of Missouri · 1890
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3Cited by21 opinions
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- Montoya v. Unknown Heirs of VigilNew Mexico Supreme Court · 1911
- Padgett v. SmithSupreme Court of Missouri · 1907
- Clement v. FergusonSupreme Court of Oklahoma · 1955
- Davidson v. I. M. Davidson Real Estate & Investment Co.Supreme Court of Missouri · 1913
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