Coberly v. Coberly
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — Now. J. W. Alexander, Judge. (1) This is a suit in equity for the partition of all the lands owned by Jesse Coberly, deceased, at the time of his death. The petition asks the partition of said land and for an accounting of the rents and profits. This is not- the statutory proceeding. It is equitable.
Read the full summary
Appeal from Livingston Circuit Court. — Now. J. W. Alexander, Judge. (1) This is a suit in equity for the partition of all the lands owned by Jesse Coberly, deceased, at the time of his death. The petition asks the partition of said land and for an accounting of the rents and profits. This is not- the statutory proceeding. It is equitable. The jurisdiction of equity in partition is undoubted and in many cases indispensable, and a bill in chancery will lie for partition even in cases where there is a claim of adverse possession unless it has been continued sufficiently long to bar a recovery…
1Opinion of the CourtLamm, J.
In November, 1897, Jesse Coberly died, stricken with years, childless and intestate, in Livingston county, leaving a widow, a small estate and numerous inheriting collateral kin to law over the same. The widow, defendant Rachel, became administratrix and within a year elected to be endowed under sections 2939 and 2941, Revised Statutes 1899, of one-half of the estate belonging to her husband at the time of his death.
*6While the widow is a party defendant, yet the bones of the controversy lie between the defendant Jesse Lee Coberly, a nephew, and the plaintiffs, his brothers, sisters, their…
2Cases cited12 opinions
- Rice v. WaddillSupreme Court of Missouri · 1902
- Holloway v. HollowaySupreme Court of Missouri · 1888
- Newton v. NewtonSupreme Court of Missouri · 1901
- Rosenwald v. MiddlebrookSupreme Court of Missouri · 1905
- Ord v. De La GuerraCalifornia Supreme Court · 1861
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Lipscomb v. TalbottSupreme Court of Missouri · 1912
- Kenefick & Hammond v. Norwich Union Fire InsuranceSupreme Court of Missouri · 1907
- Byrne v. ByrneSupreme Court of Missouri · 1921
- Waddle v. FrazierSupreme Court of Missouri · 1912
- Hegberg v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
9 more not listed; retrieve them via the Exa API.