Legal Opinion

Ketchum v. Christman

Supreme Court of Missouri

Decided March 26, 1895PublishedCited by 2 opinions

Appeal from Scotland, Circuit Court. — Hon. Ben. E* Turner, Judge. (1) The partition proceeding of Belle Allen did. not affect the deed of Mrs. West, as the land now in controversy was not partitioned in that proceeding, but. simply set off to the widow as homestead without being-partitioned; the ultimate rights of none of the parties-therein to that proceeding were finally adjudicated.

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Appeal from Scotland, Circuit Court. — Hon. Ben. E* Turner, Judge. (1) The partition proceeding of Belle Allen did. not affect the deed of Mrs. West, as the land now in controversy was not partitioned in that proceeding, but. simply set off to the widow as homestead without being-partitioned; the ultimate rights of none of the parties-therein to that proceeding were finally adjudicated. Case v. Mitsenburg, 109 Mo. 311; Thompson v. Bern,. 12 Mo. 157; Crenshaw v. Creek, 52 Mo. 98. And this is applied to homestead right. Gragg v. Gragg, 65 Mo. 343. (2) No judgment was rendered affecting her in…

1Opinion of the Court

Macfarlane, J. —

This is a suit for the partition of the north half of the northwest quarter of section 2, and the north half of the northeast quarter of section 3, township 64, range 13 west, in Scotland county, and also some lots in the town of Downing, in Schuyler county, among the heirs of Mary E. Ketchum, deceased.

The petition charges that the said Mary E. Ketch-um died seized of the land, leaving, as her only heirs at law, plaintiff Robert A. Ketchum, and defendants Sarah C. Christman, wife of I. H. Christman, Martha J. West, wife of Abram West, and Belle Allen, wife of Thomas J. Allen,…

2Cases cited4 opinions

  1. Forder v. DavisSupreme Court of Missouri · 1866
  2. Hart v. SteedmanSupreme Court of Missouri · 1889
  3. Case v. MitzenburgSupreme Court of Missouri · 1891
  4. Truesdail v. McCormickSupreme Court of Missouri · 1894

3Cited by2 opinions

  1. Lindell Real Estate Co. v. LindellSupreme Court of Missouri · 1897
  2. Evans v. AndresMissouri Court of Appeals · 1931

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