Clark v. Sires
Supreme Court of Missouri
Appeal from Grundy Circuit Court. — No». J. W. Alexander ¡ Judge. (1) The contingent remainder vested in the parties to the partition suit was a sufficient interest to authorize the court to make partition. Those persons who constituted the presumptive heirs of Cynthia Clark, or their grantee, were before the court, and they represented all who might afterwards become entitled to the estate.
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Appeal from Grundy Circuit Court. — No». J. W. Alexander ¡ Judge. (1) The contingent remainder vested in the parties to the partition suit was a sufficient interest to authorize the court to make partition. Those persons who constituted the presumptive heirs of Cynthia Clark, or their grantee, were before the court, and they represented all who might afterwards become entitled to the estate. Reinders v. Koppleman, 68 Mo. 482; Sikeman v. Galvin, 124 Mo. 367; Sparks v. Clay, 185Mo.393. The plaintiff in the partition suit, though the owner of the life estate, was also part owner in the…
1Opinion of the CourtBrace, P. J.
— The petition in this case is in two counts. The first is in the ordinary form in ejectment to recover the possession of the northwest quarter of the southwest quarter of section thirteen, township sixty-two, range twenty-five, in Grundy county; and the second is under section 650, Revised Statutes 1899, to quiet the title to the same.
The answer was a general denial, and a plea of the Statute of Limitations.
The case was tried before the court without a jury. The judgment was for the plaintiffs for eight-tenths of the land sued for and a decree quieting the title to the same, and tbe…
2Cases cited18 opinions
- Godman v. SimmonsSupreme Court of Missouri · 1892
- Holloway v. HollowaySupreme Court of Missouri · 1888
- Parkinson v. CaplingerSupreme Court of Missouri · 1877
- Whitsett v. WamackSupreme Court of Missouri · 1900
- Emmerson v. HughesSupreme Court of Missouri · 1892
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3Cited by10 opinions
- Hall v. SmithSupreme Court of Missouri · 1962
- Hector v. MannSupreme Court of Missouri · 1910
- Marsala v. MarsalaSupreme Court of Missouri · 1921
- Summet v. City Realty & Brokerage Co.Supreme Court of Missouri · 1907
- Carson v. HeckeSupreme Court of Missouri · 1920
5 more not listed; retrieve them via the Exa API.