Sparks v. Clay
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Ho». E. M. Hughes, Judge. (1) (a) The judgment in partition in the case of Clark et al. v; Muldrow et al. is void for the reason that the statute of partition (ch. 119, R. S. 1855), was not complied with. Secs. 1, 3, 5, 11, 14, 35, 39, 41, 51 and 52. (b) Because plaintiff, after coming into existence, was not made a party to the proceedings. Sec. 11, ch. 119, R. S. 1855; Story’s Eq. Plead.
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Appeal from Audrain Circuit Court. — Ho». E. M. Hughes, Judge. (1) (a) The judgment in partition in the case of Clark et al. v; Muldrow et al. is void for the reason that the statute of partition (ch. 119, R. S. 1855), was not complied with. Secs. 1, 3, 5, 11, 14, 35, 39, 41, 51 and 52. (b) Because plaintiff, after coming into existence, was not made a party to the proceedings. Sec. 11, ch. 119, R. S. 1855; Story’s Eq. Plead. (Redfield’s Ed.), sec. 147. (2) Neither the judgment, order of sale, order of distribution nor order of approval provided for the substitution of the fund arising from…
1Opinion of the CourtMarshall, J.
This is an action in ejectment to recover ten and thirteen-hundreths acres of land in the city of Mexico, Audrain county, it being a part of the west half of the northwest quarter of the northeast quarter of section 35, township 51, range 9. The petition is in the usual form, and the ouster is laid as of the'---day of February, 1902. The answer is a general denial, with a plea of the Statute of Limitations. At the close of the whole case the court directed a verdict for the defendant, and from the judgment thereon the plaintiff appealed.
The facts in judgment are these:
George F. Muldrow is the…
2Cases cited6 opinions
- Reinders v. KoppelmannSupreme Court of Missouri · 1878
- Mead v. . MitchellNew York Court of Appeals · 1858
- Murray v. YatesSupreme Court of Missouri · 1880
- Hinds v. StevensSupreme Court of Missouri · 1870
- Fortune v. FifeSupreme Court of Missouri · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Brown v. BibbSupreme Court of Missouri · 1947
- Stockwell v. StockwellSupreme Court of Missouri · 1914
- Gibson v. GibsonSupreme Court of Missouri · 1920
- Noyes v. StewartSupreme Court of Missouri · 1950
- Young v. HydeSupreme Court of Missouri · 1914
2 more not listed; retrieve them via the Exa API.