Reinhardt v. Wendeck
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The demurrer was sustained in the court below on the doctrine of Hill v. Martin, 28 Mo. 78. II. The defendants’ possession is not adverse, but is only in right of his curtesy — Blakely v. Calder, 13 How. 477. III. Tenantcy by the curtesy is a life estate and similar to dower in its character ; and under § 1, R. C. 1865, p. 617, partition is authorized. There is a misjoinder of actions and of parties.
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Appeal from St. Louis Circuit Court. I. The demurrer was sustained in the court below on the doctrine of Hill v. Martin, 28 Mo. 78. II. The defendants’ possession is not adverse, but is only in right of his curtesy — Blakely v. Calder, 13 How. 477. III. Tenantcy by the curtesy is a life estate and similar to dower in its character ; and under § 1, R. C. 1865, p. 617, partition is authorized. There is a misjoinder of actions and of parties. The suit seeks to divide a tract of land among the heirs of George Reinhardt, and also asks the court to ascertain the interest of Martin Wendeck in the…
1Opinion of the CourtWagner, Judge
This was a suit for partition, and asking for a sale of the premises on the ground that they were not susceptible of division without prejudice to the parties.
The petition alleged that Wendeek was tenant by the curtesy of four-fifths of the real estate, and that during his marriage he and his deceased wife executed a deed of trust on the same, by which they conveyed their . interest in the property to Bakewell as trustee to secure the payment of certain notes, described in the said deed, to Provenchere. The trustee and cestui que trust were both made parties, but no judgment was asked against…
2Cases cited1 opinion
- Alexander v. WarranceSupreme Court of Missouri · 1852
3Cited by5 opinions
- Jennings v. JenningsMissouri Court of Appeals · 1930
- Becker v. StroeherSupreme Court of Missouri · 1902
- Byars v. HoweSupreme Court of Missouri · 1925
- Reed v. RobertsonSupreme Court of Missouri · 1870
- Hill v. AlexanderSupreme Court of Missouri · 1883