Hiles v. Rule
Supreme Court of Missouri
Appeal from Louisiana Court of Common Pleas. — Hon. E. M. Hughes, Judge. (1) The court improperly ordered a sale of the property upon the undisputed facts shown by the testimony. A division of the property in kind is the primary mode contemplated by the statutes of this state and actual partition, so far as real estate is concerned, is more favored by all of the courts in this country, whenever it is practicable.
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Appeal from Louisiana Court of Common Pleas. — Hon. E. M. Hughes, Judge. (1) The court improperly ordered a sale of the property upon the undisputed facts shown by the testimony. A division of the property in kind is the primary mode contemplated by the statutes of this state and actual partition, so far as real estate is concerned, is more favored by all of the courts in this country, whenever it is practicable. B. S. 1889, sec. 7149, and following sections; Belknap v. Trimble, 3 Paige, Ch. 577; Migginhotham v. Short, 25 Miss. 160;' McGillivary v. Evans, 27 Cal. 96. (2) The duty of the court…
1Opinion of the CourtMactarlane, J.
This suit was brought by plaintiff in the Louisiana court of common pleas for the-partition of a tract of land situate in Pike county, of' which he claimed to be the owner of one undivided, one-fifth, subject to a deed of trust to defendant-Tinsley, as trustee, to secure a debt of $300 to W. Hi Morrow, who was not made a party to the suit. The petition states that defendant Rule is the owner of the-remaining four-fifths. It is stated that partition in kind can not be made and a sale of the land and division of the proceeds is prayed.
Defendant Tinsley, answered, admitting the facts stated in…
2Cases cited9 opinions
- Adams v. CowlesSupreme Court of Missouri · 1888
- Wilson v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1891
- Holloway v. HollowaySupreme Court of Missouri · 1888
- Parkinson v. CaplingerSupreme Court of Missouri · 1877
- Dameron v. JamesonSupreme Court of Missouri · 1879
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3Cited by14 opinions
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