White v. Summerville
Supreme Court of Missouri
Appeal from G-reene Circuit Court. — Hon. Arch A. Johnson, Judge. (1) The petition shows that the lands are not subject to partition and sale. The court erred in ordering the sale of all the lands as in cases of partition, because Sec. 2559, E. S. 1909, defining the estates subject to partition, limits the right of partition to cases where lands, tenements, or hereditaments are held in joint tenancy, tenancy in common or coparcenary.
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Appeal from G-reene Circuit Court. — Hon. Arch A. Johnson, Judge. (1) The petition shows that the lands are not subject to partition and sale. The court erred in ordering the sale of all the lands as in cases of partition, because Sec. 2559, E. S. 1909, defining the estates subject to partition, limits the right of partition to cases where lands, tenements, or hereditaments are held in joint tenancy, tenancy in common or coparcenary. The dowress, before admeasurement of her dower, is not a joint tenant, nor a tenant in common, nor a coparcener. Her right rests in action only, and she takes in…
1Opinion of the CourtGoode, J.
The purpose of this action, so far as the controversy on the appeal is concerned, is to procure the sale of four parcels of land, of which James M. White, late of Greene County, Missouri, died seized on October 31, 1909, and to have the value of plaintiff’s dower interest in said lands ascertained according to the Mortality Statutes of this State, and paid to her in money. Alternative reliefs were prayed in the petition, i. e., first, that the value of plaintiff’s dower interest be ascertained and adjudged a lien on the lands until paid; second, that said dower interest be set off to…
2Cases cited11 opinions
- Kissel v. EatonIndiana Supreme Court · 1878
- McClanahan v. PorterSupreme Court of Missouri · 1847
- Carson v. HeckeSupreme Court of Missouri · 1920
- Reynolds v. McCurryIllinois Supreme Court · 1881
- Hurste v. HotalingNebraska Supreme Court · 1886
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3Cited by5 opinions
- Willhite v. RathburnSupreme Court of Missouri · 1933
- Phelps v. DomvilleSupreme Court of Missouri · 1957
- Byars v. HoweSupreme Court of Missouri · 1925
- Duncan v. DuncanSupreme Court of Missouri · 1929
- Rupp v. MolitorSupreme Court of Missouri · 1928