McDonald v. Leewright
Supreme Court of Missouri
Appeal from Franklin Circuit Court. The facts sufficiently appear in the opinion of the court.
1Opinion of the CourtScott, Judge
This was a suit for partition. The plaintiffs had been parties to a former suit in partition for the same lands. It appears that in the former suit they were duly served with *30process. This petition is brought for another partition, praying that the former one be set aside on the ground that the sheriff’s return in the first proceeding was false, they alleging that they never had been served with process, and never appeared. There was a demurrer to the petition, which was sustained.
In the case of Hallowell et al. v. Page, 24 Mo. 590, it was decided by this court that a sheriff’s return of…
2Cases cited1 opinion
- Hallowell v. PageSupreme Court of Missouri · 1857
3Cited by7 opinions
- Mastin v. GraySupreme Court of Kansas · 1878
- Smoot v. JuddSupreme Court of Missouri · 1904
- Madison County Bank v. Suman's AdministratorSupreme Court of Missouri · 1883
- Heath v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1884
- Regent Realty Co. v. Armour Packing Co.Missouri Court of Appeals · 1905
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