Flynn v. Tate
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. Alonzo D. B'Urnes, Judge. (1) An examination of tlie pleadings, in this case will show that the only issue was, whether or not the respondent obtained the interest of appellant, in the lands described in the petition, in the partition suit of Mary E. Lay and William A. Martin v. Nora Scott and Nannie Morgan, or the unknown heirs of Nannie Morgan.
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Appeal from Clinton Circuit Court. — Hon. Alonzo D. B'Urnes, Judge. (1) An examination of tlie pleadings, in this case will show that the only issue was, whether or not the respondent obtained the interest of appellant, in the lands described in the petition, in the partition suit of Mary E. Lay and William A. Martin v. Nora Scott and Nannie Morgan, or the unknown heirs of Nannie Morgan. The trial court held as the basis of its order dismissing the plaintiff’s suit, that the evidence introduced by the plaintiff showed no title in her. The plaintiff did not attempt to show a clear title from…
1Opinion of the Court
The petition was filed in the Clinton Circuit Court July 23, 1918, and states, in substance, that the plaintiff is the owner of an undivided one-sixth of thirty-three acres of land in that county, which it particularly describes; that the defendant is the owner of the undivided five-sixths, and is in possession claiming the entire title; that his adverse claim of her undivided one-sixth is based on a pretended decree of that court rendered at the September term thereof, 1915, in a partition proceeding entitled Mary E. Lay and W.A. Martin, plaintiffs, v. Nora Scott and Nannie Morgan,…
2Cases cited5 opinions
- Ohlmann v. Clarkson Saw Mill Co.Supreme Court of Missouri · 1909
- Corrigan v. SchmidtSupreme Court of Missouri · 1895
- Burge v. BurgeMissouri Court of Appeals · 1902
- White v. Himmelberger-Harrison Lumber Co.Supreme Court of Missouri · 1912
- Lewis v. GibsonTennessee Supreme Court · 1860
3Cited by2 opinions
- Bergman v. American National BankWyoming Supreme Court · 1944
- Petition and Articles of Ass'n for Reorganization of Squaw Creek Drainage District No. 1 v. RaylMissouri Court of Appeals · 1926