Stewart v. Stewart

STONE, Judge.

In this suit to partition two disconnected tracts of land in New Madrid County, Missouri, one containing 34 acres and the other containing 53½ acres, the six plaintiffs appeal from the final decree entered on August 28, 1953, which approved the commissioners’ report and set off to plaintiffs, as tenants in common, the west one-third of the 53½ acre tract. The determinative issue is whether each plaintiff is entitled to a segregated allotment of his or her share in severalty or whether the six plaintiffs may be compelled to take a parcel of 17.77 acres (i. e., one-third of 53½…