Shaw v. Gregoire
Supreme Court of Missouri
Appeal from, St. Frangois Circuit Court. I. The court ought, if the first proceedings in partition in 1852 were really void, to have recognized the “ other defendants” as still having rights in the tract. II. The proceedings in that case were not void ; they were at most voidable. III. There is no pretence that the decree of 1852 was not in consonance with the rights of all parties.
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Appeal from, St. Frangois Circuit Court. I. The court ought, if the first proceedings in partition in 1852 were really void, to have recognized the “ other defendants” as still having rights in the tract. II. The proceedings in that case were not void ; they were at most voidable. III. There is no pretence that the decree of 1852 was not in consonance with the rights of all parties. It is admitted that the interests of the present plaintiffs were correctly set out in the petition then filed by Gregoire; and that the land was insusceptible of division in kind is shown by the decree in this…
1Opinion of the CourtBates, Judge
This was a suit for partition. The case was submitted to the Circuit Court upon an agreed statement of the facts, and judgment was given for the plaintiffs, and the defendant appealed to this court.
From the agreed statement it appears that on the 12th day of January, 1852, the plaintiffs did own the interests set out and claimed in the petition, as tenants in common with defendant and others; and that on said day Charles Gregoire, the present defendant, commenced in the Circuit Court of St. Eran§ois county a suit for partition of the land, making the present plaintiffs as well as other…
2Cases cited4 opinions
- Hendricks v. McLeanSupreme Court of Missouri · 1853
- Hite & Wife v. ThompsonSupreme Court of Missouri · 1853
- Smith v. DavisSupreme Court of Missouri · 1858
- Hopkins v. McGeeSupreme Court of Missouri · 1863
3Cited by5 opinions
- Emeric v. AlvaradoCalifornia Supreme Court · 1884
- Scott v. RoystonSupreme Court of Missouri · 1909
- Shaw v. GregoireSupreme Court of Missouri · 1867
- Westmeyer v. GallenkampSupreme Court of Missouri · 1900
- Payne v. MasekSupreme Court of Missouri · 1893