Armor v. Frey
Supreme Court of Missouri
Appeal from Barton Circuit Court. — Hon. F. C. Johnston, Judge, (1) The share of the deceased partner passes to-his heirs or devisees. 3 Kerr Real Prop., 1964, sec. 1999; Tiedeman Real Prop. (1 Ed.), p. 164, see. 246; 1 Wash.
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Appeal from Barton Circuit Court. — Hon. F. C. Johnston, Judge, (1) The share of the deceased partner passes to-his heirs or devisees. 3 Kerr Real Prop., 1964, sec. 1999; Tiedeman Real Prop. (1 Ed.), p. 164, see. 246; 1 Wash. Real Prop., 573, 576;-30 Cyc. 434; Keck v. Fisher, 58 Mo. 532; Young v. Thrasher, 115 Mo. 222; Holmes v. McGee, 27 Mo. 597; Easton v. Courtwright, 84 Mo. 27; Matthews v. Hunter, 67 Mo. 293; Dyer v. Morse, 28 L. R. A. 89 and notes; Baker v. Middle-brooks, 81 Ga. 494; Printu v. Turner, 65 Ga. 77; Bank v. Cody, 93 Ga. 151. (c) But there is not even a pretended sale by the…
1Opinion of the Court
ROT, C.
This suit was begun in- Newton county, February 8, 1904. The original petition was in two *456counts, one to quiet title, and the other in ejectment. There was a finding and judgment for the defendant, and on appeal the judgment was reversed and the cause remanded. [See Armor v. Prey, 226 Mo. 646.] A change of venue followed to Barton county. At the April term, 1912, the petition was amended so as to include a count in partition in addition to the former counts. The answer tendered new issues which were not involved in the former suit. We will not set out the pleadings, and will merely…
2Cases cited32 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Hogg v. RuffnerSupreme Court of the United States · 1861
- Benne v. SchneckoSupreme Court of Missouri · 1889
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- Bradish v. GibbsNew York Court of Chancery · 1818
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3Cited by36 opinions
- Hunter v. HunterSupreme Court of Missouri · 1951
- Moore v. HoffmanSupreme Court of Missouri · 1931
- Case v. SipesSupreme Court of Missouri · 1919
- Dial v. MartinCourt of Appeals of Texas · 1931
- Krause v. Jeannette Investment Co.Supreme Court of Missouri · 1933
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