Legal Opinion

Aubuchon v. Aubuchon

Missouri Court of Appeals

Decided February 5, 1918Published

Appeal from the Circuit Court of Cape Girardeau County. — Hon. Frank Kelly, Judge. Section 2619, Revised Statutes of Missouri, 1909, provides as follows: “Partition of personal property— proceedings in.

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Appeal from the Circuit Court of Cape Girardeau County. — Hon. Frank Kelly, Judge. Section 2619, Revised Statutes of Missouri, 1909, provides as follows: “Partition of personal property— proceedings in. Any one or more of two or more joint owners of personal property, other than boats and vessels, may file a petition in the circuit court for a partition or a sale and partition of the proceeds thereof, in the same manner as suits may be instituted for the partition and sale of real estate, and like proceedings had thereunder, as near as may be, as provided in cases for the partition of real…

1Opinion of the CourtAllen, J.

This is a suit to partition personal property. Plaintiffs, four in number, are members of a voluntary association, consisting, it is said, of one hundred twenty-seven members in all, organized for maintaining and operating a local telephone line in tbe counties of Ste. Genevieve, Jefferson and St. Francois in this State. The petition sets up that plaintiffs and defendants are the joint owners of the property used for conducting the telephone line or system, together with certain franchises, books and records, etc; that the share of the personal property to which each plaintiff and each…

2Cases cited5 opinions

  1. Haeussler v. Missouri Iron Co.Supreme Court of Missouri · 1892
  2. Eberts v. FisherMichigan Supreme Court · 1884
  3. Roberts v. WallaceSupreme Court of Minnesota · 1907
  4. Meinhart v. DraperMissouri Court of Appeals · 1908
  5. Primm v. WhiteMissouri Court of Appeals · 1912

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