Buller v. Linzee
Supreme Court of Missouri
Appeal from Jasper Circuit Court.— Hon. J. I). Perkins, Special Judge. Under the decisions of this court in the cases of Turpin v. Turpin, 88 Mo. 337, and Murray v. Yates, 73 Mo. 14, the appeal in this case would have to be dismissed for want of a final judgment. But though we are not on that side of the question we would respectfully submit to the court the question whether those decisions should not be modified or reconsidered.
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Appeal from Jasper Circuit Court.— Hon. J. I). Perkins, Special Judge. Under the decisions of this court in the cases of Turpin v. Turpin, 88 Mo. 337, and Murray v. Yates, 73 Mo. 14, the appeal in this case would have to be dismissed for want of a final judgment. But though we are not on that side of the question we would respectfully submit to the court the question whether those decisions should not be modified or reconsidered. The land in controversy in this case descended nearly thirty years ago and has been more or less in controversy ever since, and as the questions involved are as…
1Opinion of the CourtBarclay, J.
This is an action for the partition of certain lands in Jasper county. It was tried upon pleadings which show that the title to an undivided one-fifth of the property is disputed, the ownership of the residue being uncontested.
Upon a hearing the trial court found for the plaintiff as to the one-fifth interest in controversy and entered an interlocutory judgment in partition accordingly, with an order of sale. After unavailing motions for new trial and in arrest the defendant, against whom that finding stood, appealed to this court. No sale or report of sale or order of distribution or any…
2Cases cited16 opinions
- Holloway v. HollowaySupreme Court of Missouri · 1888
- St. Joseph Terminal Railroad v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- Parkinson v. CaplingerSupreme Court of Missouri · 1877
- State ex rel. Dobbins v. SutterfieldSupreme Court of Missouri · 1873
- Vanhooser v. BerghoffSupreme Court of Missouri · 1886
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3Cited by4 opinions
- Camp Phosphate Co. v. AndersonSupreme Court of Florida · 1904
- Hector v. MannSupreme Court of Missouri · 1910
- Burden v. TaylorSupreme Court of Missouri · 1894
- Clark v. SiresSupreme Court of Missouri · 1906