Bell v. Brinkmann
Supreme Court of Missouri
Appeal from Franklin Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The partition deed prima facie conveyed the title to the property therein described; therefore the court erred in excluding it when first offered by defendant, and in compelling the defendant in the first instance to produce the record on which it was based.
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Appeal from Franklin Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The partition deed prima facie conveyed the title to the property therein described; therefore the court erred in excluding it when first offered by defendant, and in compelling the defendant in the first instance to produce the record on which it was based. R. S. 1889, secs. 4954, 7166, 7169; Howard v. Thornton, 50 Mo. 291. (2) The recitals of the appearance of Frank and Marion Bell by attorney, in the decree of partition and order approving the sale, are conclusive 'in this collateral proceeding, being uncontradicted by…
1Opinion of the CourtBrace, J.
— This is an action in ejectment for an undivided interest in certain real estate, described in the petition, situate in Franklin county. The answer was a general denial. The case was tried by the court without a jury. The judgment was for the plaintiff, and defendant appeals.
The material facts are not disputed. In the year 1851, John K. Bell died, seized of the lands described in the petition, leaving ten children surviving him, of whom the plaintiff was one. In the year 1861, the plaintiff and one of his brothers left Missouri and went west, and thereafter, until the trial of this cause,…
2Cases cited9 opinions
- Johnson v. BeazleySupreme Court of Missouri · 1877
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- Adams v. CowlesSupreme Court of Missouri · 1888
- Brown v. WoodySupreme Court of Missouri · 1877
- Milner v. ShipleySupreme Court of Missouri · 1887
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3Cited by14 opinions
- State v. WearSupreme Court of Missouri · 1898
- Hunt v. SearcySupreme Court of Missouri · 1902
- Cochran v. ThomasSupreme Court of Missouri · 1895
- Feurt v. CasterSupreme Court of Missouri · 1903
- State Ex Rel. Terry v. HoltkampSupreme Court of Missouri · 1932
9 more not listed; retrieve them via the Exa API.