Hite & Wife v. Thompson
Supreme Court of Missouri
.Error to Marion - Circuit Court. This was an action in the nature of ejectment, brought by James J. Hite .and Harriet Jane, his wife, to recover the undivided half of a lot in the town of Palmyra. The plaintiffs claim title under Harrison Marders, who died in 1833, holding the lot as tenant in common .with Abijah 0. Abernathy. Th§ plaintiff, Harriet Jane, was the daughter, and, at the time this suit was brought, sole surviving heir of Marders.
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.Error to Marion - Circuit Court. This was an action in the nature of ejectment, brought by James J. Hite .and Harriet Jane, his wife, to recover the undivided half of a lot in the town of Palmyra. The plaintiffs claim title under Harrison Marders, who died in 1833, holding the lot as tenant in common .with Abijah 0. Abernathy. Th§ plaintiff, Harriet Jane, was the daughter, and, at the time this suit was brought, sole surviving heir of Marders. The defendants claimed title under a partition sale,made in 1834,'under the act of 1825,, in a proceeding begun by Abijah ,0. Abernathy against the…
1Opinion of the CourtRylaND, Judge
1. The only questions worthy of consideration in this case, arise upon the evidence offered by the defendants in the court below, that is, the record of the proceedings on the petition for partition, brought by Abernathy against the heirs of Marders. In the opinion of this court, the record of those proceedings *464Vas properly admitted, and.tbe sale ofdéíed by tbe court on ‘that petition fór 'pártitión'isuonclusive upon the'parties thereto. Under the statute of this state concerning partition, (:R. C. 1825, the law governing the proceedings in this case,) the'Circuit Court, for any of the…
2Cited by7 opinions
- Scott v. RoystonSupreme Court of Missouri · 1909
- Shaw v. GregoireSupreme Court of Missouri · 1867
- Phelps v. DomvilleSupreme Court of Missouri · 1957
- Westmeyer v. GallenkampSupreme Court of Missouri · 1900
- Smith v. DavisSupreme Court of Missouri · 1858
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