Shoultz v. Lee
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. — Him W. T. Ragland, Judge. (1) Tbe entire subject-matter below is subject to review by this 'court. Benne v. Schnecko, 100' Mo. 257. (2) The plaintiff is not entitled to maintain partition, when the defendant is in possession and claims the property adversely to plaintiff. Chamberlain v. Waples, 193 Mo. 96. (3) The administrator’s deed to appellant is sufficient to constitute color of title.
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Appeal from Hannibal Court of Common Pleas. — Him W. T. Ragland, Judge. (1) Tbe entire subject-matter below is subject to review by this 'court. Benne v. Schnecko, 100' Mo. 257. (2) The plaintiff is not entitled to maintain partition, when the defendant is in possession and claims the property adversely to plaintiff. Chamberlain v. Waples, 193 Mo. 96. (3) The administrator’s deed to appellant is sufficient to constitute color of title. Plaster v. Gtrabeel, 160 Mo. 669; Shaffer v. Detie, 191 Mo. 377; Brewing Co. v: Payne, 197 Mo. 422. (4) The widow may establish title by adverse possession, as…
1Opinion of the CourtWalker, P. J.
— Plaintiff brou'ght suit in the Hannibal Court of Common Pleas against the defendant Eliza Jane Lee and a number of others, to partition a half acre of .ground in Mason township, Marion county, described as the east 104 feet of lot 11 of the Darr, tract, Oakwood, situated within or adjacent to the city of Hannibal. Upon a trial the court rendered a judgment partitioning the property, subject to the dower interest of said Eliza Jane Lee, and the land not being susceptible of division in kind was ordered sold. From this judgment defendant appealed to this court.
In 1857 one Cardiner Shoultz,…
Also in this document: Concurrence.
2Cases cited12 opinions
- Gentry v. GentrySupreme Court of Missouri · 1894
- Fischer v. SiekmannSupreme Court of Missouri · 1894
- Meddis v. KenneySupreme Court of Missouri · 1903
- Bradley v. GoffSupreme Court of Missouri · 1912
- McIntosh v. SmileySupreme Court of Missouri · 1891
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3Cited by5 opinions
- Rains v. MoulderSupreme Court of Missouri · 1936
- Crismond v. KendrickSupreme Court of Missouri · 1930
- Rodewald v. RodewaldSupreme Court of Missouri · 1957
- Holt v. HoltWest Virginia Supreme Court · 1924
- Possien v. HigginsSupreme Court of Missouri · 1967