Green v. Walker
Supreme Court of Missouri
Error to Caldwell Circuit Court. — Hon. John E. Wait, Special Judge. This is an action of partition to divide one hundred and eighty acres of land in Caldwell county among the heirs of John Yan Winkle, deceased. The parties are his children and grand children.
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Error to Caldwell Circuit Court. — Hon. John E. Wait, Special Judge. This is an action of partition to divide one hundred and eighty acres of land in Caldwell county among the heirs of John Yan Winkle, deceased. The parties are his children and grand children. Certain of the adult defendants filed an amended answer presenting this state of facts:— John Yan Winkle left a will ( since duly probated), by which he gave his widow Mary a life estate in the property in question (with power to sell the same if she should choose ), and remainder to his children equally upon her death, naming her…
1Opinion of the CourtBarclay, J.
This case is here on a writ of error, issued at the instance of plaintiffs.
No motion for new trial was made in the circuit court; upon which it might have reviewed and corrected the rulings at the trial. They- are not, therefore, the subject of consideration here, under our statute declaring that “no exception shall be taken, in an appeal or writ of error, to any proceedings in the circuit court except such as have been expressly decided by such court.” (R. S. 1879, sec. 3774.)
But several assignments of error refer to the record •proper which has, hence, been examined.
It is claimed that there…
2Cited by15 opinions
- State v. WearSupreme Court of Missouri · 1898
- Collier v. Catherine Lead Co.Supreme Court of Missouri · 1907
- Cole v. Parker-Washington Co.Supreme Court of Missouri · 1918
- Mound City Co. v. CastlemanCourt of Appeals for the Eighth Circuit · 1911
- State ex rel. Klotz v. RossSupreme Court of Missouri · 1893
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