Lambert v. Blumenthal
Supreme Court of Missouri
Error to St. Louis Land Court. This was an action for partition. Plaintiffs assert title to a portion of the premises in controversy under Lambert Sallé, dit Lajoye.
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Error to St. Louis Land Court. This was an action for partition. Plaintiffs assert title to a portion of the premises in controversy under Lambert Sallé, dit Lajoye. Blumenthal, one of defendants, in his answer, denied the title of plaintiffs ; alleged that neither plaintiff nor his co-defendant had ever been in possession of premises in controversy ; that he had been in possession adverse to the world since the year 1847. It appeared in evidence that the defendant Blumenthal had been in the actual possession of the premises for eight or nine years before the commencement of this suit,…
1Opinion of the CourtScott, Judge
This case presents the question whether a tenant in common and of posssession can have a writ of partition against one in possession holding adversely to him.
If this question were made to depend on the ancient English law, there would seem to be but little doubt respecting it. Coke says: “ This word (tenet) in a writ doth always imply a tenant of the freehold. * * * If one coparcener disseize another, during this disseizin a writ of partition doth not lie between them, for that non tenent insimul et pro indiviso.” (Co. Litt. 167 a.) Baron Comyns is to the same effect. (5 Com. Dig. 225.) Viner…
2Cases cited3 opinions
- Bayley v. GreenleafSupreme Court of the United States · 1822
- People ex rel. Griffin v. SteeleNew York Supreme Court · 1848
- Adam v. Ames Iron Co.Supreme Court of Connecticut · 1855
3Cited by19 opinions
- Gott v. PowellSupreme Court of Missouri · 1867
- Shaw v. GregoireSupreme Court of Missouri · 1867
- Rozier v. GriffithSupreme Court of Missouri · 1860
- Shepperd v. FisherSupreme Court of Missouri · 1907
- Estes v. NellSupreme Court of Missouri · 1897
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