Hart v. Steedman
Supreme Court of Missouri
Appeal from, St. Louis City Circuit Court. — Hon. A. M. Thayer, Judge. (1) The partitioning of property claimed by “devisees” under a will does not affect the rights of a third party, not a party to the action, who claims a title adverse to all the claimant parties under the will. Border v. Danis, 38 Mo. 107-117; Tapley n.
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Appeal from, St. Louis City Circuit Court. — Hon. A. M. Thayer, Judge. (1) The partitioning of property claimed by “devisees” under a will does not affect the rights of a third party, not a party to the action, who claims a title adverse to all the claimant parties under the will. Border v. Danis, 38 Mo. 107-117; Tapley n. MePilce, 50 Mo. 592. (2) A judgment order or decree, of a court in any cause, affects and binds only the parties thereto, and it cannot be pleaded to affect the rights of third parties, not parties to tlie action. Woodbridge v. Batoning, 14 Ohio St. 320 ; A very v. Ailcins,…
1Opinion of the CourtBlack, J.
— This is an action of ejectment for a part of fractional block 42 of the St. Louis Commons.
B. P. Switzer, who owned the property in question, conveyed it to Edwin Harrison by deed dated June 26, 1871. Hart, the plaintiff, read in evidence a sheriff’s deed, dated March 16, 1885, conveying to him the title and interest of Edwin Harrison. This deed is based upon a sale under an execution issued upon a judgment rendered against Edwin Harrison on January 22, 1885.
The evidence for the defendant shows that James Harrison died in 1870, and by his will devised and bequeathed two-fifths of all his…
2Cases cited3 opinions
- Forder v. DavisSupreme Court of Missouri · 1866
- Bobb v. GrahamSupreme Court of Missouri · 1886
- Holladay v. LangfordSupreme Court of Missouri · 1885
3Cited by19 opinions
- Collier v. Catherine Lead Co.Supreme Court of Missouri · 1907
- Bushman v. BushmanSupreme Court of Missouri · 1925
- Mound City Co. v. CastlemanCourt of Appeals for the Eighth Circuit · 1911
- Smoot v. JuddSupreme Court of Missouri · 1901
- Whitsett v. WamackSupreme Court of Missouri · 1900
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