Legal Opinion

Brawley v. Ranney

Supreme Court of Missouri

Decided April 15, 1878PublishedCited by 7 opinions

Appeal from Cape Girardeau Court of Common Pleas. — Hon. H. GL Wilson, Judge. Service of writs in partition must be had on the minors themselves. Shaw v. Gregoire, 41 Mo. 410; Gibson v. Chouteau, 39 Mo. 565 ; Fidbright v. Cannefax, 30 Mo. 425 ; Smith v. Davis, 27 Mo. 298; Waugh, v. Blumenthal, 28 Mo. 463. An order of publication can only be made by the clerk in vacation by a strict compliance with the statute.

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Appeal from Cape Girardeau Court of Common Pleas. — Hon. H. GL Wilson, Judge. Service of writs in partition must be had on the minors themselves. Shaw v. Gregoire, 41 Mo. 410; Gibson v. Chouteau, 39 Mo. 565 ; Fidbright v. Cannefax, 30 Mo. 425 ; Smith v. Davis, 27 Mo. 298; Waugh, v. Blumenthal, 28 Mo. 463. An order of publication can only be made by the clerk in vacation by a strict compliance with the statute. Every order or proceeding, in every case affecting parties litigant must be spread at full length upon the record, whether in term or vacation. Wag. Stat., 419, § 6 ; Medlin v. Platte…

1Opinion of the CourtNorton, J.

This suit is ejectment for the recovery of certain lands in the county of Cape Girardeau. . The petition is in the usual form, and the answer a general denial. Judgment was rendered for the defendant on the trial, from which plaintiffs have appealed. Both parties claim title through Hiram S. Sloan, as the common source. Plaintiffs assert their right to the laud in question by virtue of their being heirs of said Sloan, and the defendant claims title by virtue of a sheriff’s deed thereto, the sale being made under a decree of the circuit court of said county, for the purpose of partition among…

2Cases cited5 opinions

  1. Kane v. McCownSupreme Court of Missouri · 1874
  2. Freeman v. ThompsonSupreme Court of Missouri · 1873
  3. Kerr v. BellSupreme Court of Missouri · 1869
  4. Highley v. BarronSupreme Court of Missouri · 1871
  5. Latrielle v. DorlequeSupreme Court of Missouri · 1864

3Cited by7 opinions

  1. Charley v. KelleySupreme Court of Missouri · 1894
  2. Skillman v. ClardySupreme Court of Missouri · 1914
  3. Jasper County v. WadlowSupreme Court of Missouri · 1884
  4. McDermott v. GraySupreme Court of Missouri · 1906
  5. Buller v. WoodsMissouri Court of Appeals · 1891

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