Watson v. Priest
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Wickham, J. A judgment in partition establishes the title to the land which is the subject of pai’tition, and is conclusive upon all the parties to the ■record, and those claiming under them by title acquired subsequent to the commencement of the partition suit.— Forder v. Davis, 38 Mo. 107. The petition must show in plaintiff a legal title to the premises sought to be divided.— McCabe v. Hunter, 7 Mo. 355. The interest of all the…
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Appeal from the St. Louis Circuit Court, Wickham, J. A judgment in partition establishes the title to the land which is the subject of pai’tition, and is conclusive upon all the parties to the ■record, and those claiming under them by title acquired subsequent to the commencement of the partition suit.— Forder v. Davis, 38 Mo. 107. The petition must show in plaintiff a legal title to the premises sought to be divided.— McCabe v. Hunter, 7 Mo. 355. The interest of all the claimants should be alleged and proven. — Millington v. Millington, 7 Mo. 446. A party to a partition suit must assert any…
1Opinion of the CourtLewis, P. J.
This is a voluminous record, containing a vast amount of testimony, documentary and oral, relating chiefly to the original title of the land involved in the controversy. Out of the complications in which the history of this title abounds, and the transactions of more recent date which help to swell the record, there seem to arise at last but two vital questions, whose, solution must determine the rights of the parties : 1. Where one conveys “ all the right, title, and interest ” of the grantor in the estate of his deceased father, will the conveyance cover an undivided interest in the *265lands,…
2Cases cited2 opinions
- Hull v. LyonSupreme Court of Missouri · 1858
- Greenup v. SewellIllinois Supreme Court · 1856
3Cited by1 opinion
- Bobb v. GrahamMissouri Court of Appeals · 1884