Johnson v. Detrick
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Iíon. E. J. Broaddus, Judge. (1) Tbe defect of jurisdiction as to tbe respective areas of land appeared in tbe petition. There was no demurrer. Tbe court decided tbe question upon tbe area. Tbe court erred, because tbe question.as.to area bad been waived. (2) Tbe law is directory.
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Appeal from Clay Circuit Court. — Iíon. E. J. Broaddus, Judge. (1) Tbe defect of jurisdiction as to tbe respective areas of land appeared in tbe petition. There was no demurrer. Tbe court decided tbe question upon tbe area. Tbe court erred, because tbe question.as.to area bad been waived. (2) Tbe law is directory. (1) Section 7132, R. S. 1889, provides for tbe partition of “lands, tenements or hereditaments,” and section 7133 provides that where tbe “lands, tenements or hereditaments” lie in different counties, tbe suit shall be brought in tbe county in which “an equal or greater part of such…
1Opinion of the CourtMarshall, J.
J. P. Johnson, a resident of the State of Kansas, died testate and solvent in 1898, and his will was probated at his domicile in Doniphan county, Kansas. He was seized of 40 acres of land in Lawrence county, Missouri, 80 acres in Monroe county, 320 acres in- Texas county, 400 acres in Miller county, 473 acres in Clay county, 11,026 acres in Shannon county, and 19,444 acres in Laclede county. All of his heirs are non-residents of Missouri, except Mary C. Todd and Martha J. Sprague, who reside in St. Louis, and no part of the land lies there. The will devised one-half of the property to the…
2Cases cited5 opinions
- Chouteau v. AllenSupreme Court of Missouri · 1879
- Hope v. BlairSupreme Court of Missouri · 1891
- Sullivan v. Jefferson Avenue Railway Co.Supreme Court of Missouri · 1896
- Stearns v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1887
- Yount v. YountSupreme Court of Missouri · 1852
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- Baskowitz v. GuthrieMissouri Court of Appeals · 1903
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