Rodney v. McLaughlin
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The trial court erred in admitting the certificates of marriage, death and burial. They were not supported by sufficient proof. (2) The trial court erred in excluding the partition proceedings and the deeds thereunder vesting the title in defendant Baum. (3) The court erred in admitting the will of Julia A. Rodney over the objection of defendants.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The trial court erred in admitting the certificates of marriage, death and burial. They were not supported by sufficient proof. (2) The trial court erred in excluding the partition proceedings and the deeds thereunder vesting the title in defendant Baum. (3) The court erred in admitting the will of Julia A. Rodney over the objection of defendants. Said will not having been recorded in the city of St. Louis, where the property in question was situate, was not admissible in this action. R. S. 1879, sec. 3891; Thornton v.…
1Opinion of the CourtBlack, J.
This is an action of ejectment for the undivided half of a parcel of land in St. Louis, having a front of thirty feet on Eighth street. Baum, the landlord of the other defendants, was made a defendant on his own motion.
Both parties trace title to James I. Reily, who died testate in the year 1865. He devised the property in suit to his daughter, May Jane Reily. The will was duly probated in St. Louis. May Jane Reily died in April, 1870, intestate. She left as her only heirs, her *428mother, Elizabeth C. Reily, and brother, James E. Reily, widow and son of James I. Reily, deceased, who therefore…
2Cases cited2 opinions
- Warfield v. LindellSupreme Court of Missouri · 1860
- Lapeyre v. PaulSupreme Court of Missouri · 1871
3Cited by5 opinions
- Rodney v. LandauSupreme Court of Missouri · 1891
- Drake Ex Rel. Imes v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Mizell v. OsmonSupreme Court of Missouri · 1945
- Benoist v. RothschildSupreme Court of Missouri · 1898
- Wolf v. BrownSupreme Court of Missouri · 1898