Abington v. Townsend
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Eon. J. P. Foard, Judge. We deem it unnecessary to point out any specific erroneous rulings of the court as to evidence, as this case is one in equity; and for the further reason that the case will turn upon certain questions of law which, when decided, will also decide the competency and relevancy of certain documentary evidence. But we do not desire to he understood as waiving any point as to the introduction of evidence.
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Appeal from Butler Circuit Court. — Eon. J. P. Foard, Judge. We deem it unnecessary to point out any specific erroneous rulings of the court as to evidence, as this case is one in equity; and for the further reason that the case will turn upon certain questions of law which, when decided, will also decide the competency and relevancy of certain documentary evidence. But we do not desire to he understood as waiving any point as to the introduction of evidence. (1) The respondents offered in evidence the interlocutory decree rendered on February 8, 1911, in the partition case. This evidence was…
1Opinion of the Court
WHITE, C.
This suit was brought under section 2535, Revised Statutes 1909, to determine title to forty acres of land in Butler County; the petition also contains a count in ejectment.
The common source of title, it is admitted, was in I. M. Davidson who died in 1895, leaving a will. In 1901 a partition proceeding was instituted in the Butler Circuit Court by the widow and heirs of I. M. Davidson, the purpose of which was to partition this and other lands left by him. That suit proceeded to judgment, an interlocutory decree of partition was rendered in June, 1903, in which the court found the…
2Cases cited27 opinions
- Womach v. City of St. JosephSupreme Court of Missouri · 1907
- Stanton v. New York & Eastern Railway Co.Supreme Court of Connecticut · 1890
- State ex rel. National Subway Co. v. St. LouisSupreme Court of Missouri · 1898
- Reichwald v. Commercial Hotel Co.Illinois Supreme Court · 1883
- Hogg v. LinkIndiana Supreme Court · 1883
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3Cited by8 opinions
- Hocken v. Allstate InsuranceMissouri Court of Appeals · 1941
- Bushman v. BushmanSupreme Court of Missouri · 1925
- Cook v. Tide Water Associated Oil CompanyMissouri Court of Appeals · 1955
- State Ex Rel. Van Hafften v. EllisonSupreme Court of Missouri · 1920
- McEwen v. Sterling State BankMissouri Court of Appeals · 1928
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