Smith v. Hackleman

TITUS, Presiding Justice.

Shortly before he died on September 12, 1966, Otis Hackleman conveyed certain real estate to his five children (Helen, Roy, Robert, Gertrude and Billie) as tenants in common. Two years thereafter Helen and Roy brought a partition suit in which the other three tenants in common were named defendants. Civil Rule 96.01 et seq., V.A.M.R.; § 528.010 et seq., RSMo 1959, V.A.M.S. Partition was decreed, the property was sold on November 11, 1968, and final judgment was entered December 6, 1968.1 Helen and Roy, as plaintiffs, instituted the present action on April 24, 1969,…