Miller v. Boulware
Supreme Court of Missouri
Appeal from Osage Circuit Court. — Hon. B. A. Breuer, Judge. (1)- The court committed error when it allowed Cox to become a party to this suit, thereby amending in effect the proceedings, not only against appellant, but all defendants. This suit was originally commenced by appellant against George Boulware, if alive, or if dead, Ms unknown heirs or devisees, and service of process upon them was by publication.
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Appeal from Osage Circuit Court. — Hon. B. A. Breuer, Judge. (1)- The court committed error when it allowed Cox to become a party to this suit, thereby amending in effect the proceedings, not only against appellant, but all defendants. This suit was originally commenced by appellant against George Boulware, if alive, or if dead, Ms unknown heirs or devisees, and service of process upon them was by publication. An amendment of the proceedings was made by making Cox a party, which could not be done after service by publication. Smith v. Kiene, 231 Mo. 232. (2) No judgment that could have been…
1Opinion of the Court
ROY, C.
This is a proceeding to quiet title under section 2535, Eevised Statutes 1909. The petition among other things contains the following:
“For cause of action plaintiff says that he is the absolute owner of the south one-half of the northwest quarter, section 35, township 43, range 7, all situate in Osage County in the State of Missouri, he and those under whom he claims having acquired title to said realty by actual, peaceable, open and continuous and adverse possession thereof for more than thirty years next preceding the filing of this suit and under claim and color of title thereto.
“Tha…
2Cases cited2 opinions
- Cape Girardeau Southwestern Railway Co. v. HattonSupreme Court of Missouri · 1890
- Carr v. WaldronSupreme Court of Missouri · 1869
3Cited by5 opinions
- State Ex Rel. Farmers Mutuals Automobile Insurance v. WeberSupreme Court of Missouri · 1954
- Hatcher v. HallMissouri Court of Appeals · 1956
- Dillbeck v. Johnson.Supreme Court of Missouri · 1939
- Dillbeck v. JohnsonMissouri Court of Appeals · 1938
- Hackworth v. Missouri Southern RailroadSupreme Court of Missouri · 1921