Atkinson v. Brady
Supreme Court of Missouri
Appeal from Buchanan Circuit Court.—Hon. A. M. Woodson, Judge. (1) The appellant as the owner of the curtesy and an undivided one fifth in the remainder is entitled to partition.
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Appeal from Buchanan Circuit Court.—Hon. A. M. Woodson, Judge. (1) The appellant as the owner of the curtesy and an undivided one fifth in the remainder is entitled to partition. Beinders v. Koppelmmn, 68 Mo. 482-500; Preston v. Brant, 96 Mo. 552; Otley v. McAlpine, 2 G-ratt. 341; Freeman on Co-Tenancy & Partition [2 Ed] sec. 456; Blakely v. Colder, 17 N. T. 617. 2 Grattan is exactly in point.' (2) Under our statute any person interested in lands held as described may compel partition. Revised Statutes, sec. 7132, and under such a statute a remainderman can have partition' during the…
1Opinion of the CourtBuhgess, J.
Tliis is an action in partition. The petition shows that Nellie Brady died in 1889, seized of certain real estate in Buchanan county, and left surviving her a husband and five children; that plaintiff succeeded to the curtesy interest of the husband and the share of one of the children of deceased; sets out the interests of the other defendants, and prays for partition.
The defendants demurred to the petition on the ground that plaintiff being the owner of the curtesy and the undivided one fifth interest in the remainder only was not entitled to have the land partitioned. The demurrer was…
2Cases cited3 opinions
- Reinders v. KoppelmannSupreme Court of Missouri · 1878
- Scoville v. HilliardIllinois Supreme Court · 1868
- Preston v. BrantSupreme Court of Missouri · 1888
3Cited by10 opinions
- Stockwell v. StockwellSupreme Court of Missouri · 1914
- Carson v. HeckeSupreme Court of Missouri · 1920
- Borchers v. BorchersSupreme Court of Missouri · 1944
- First National Bank & Trust Co. v. BowmanSupreme Court of Missouri · 1929
- Phelps v. DomvilleSupreme Court of Missouri · 1957
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