Stephens v. Hume
Supreme Court of Missouri
Error to Moniteau Circuit Court. Reuben Hume died December 1st, 1851, seized of certain tracts of land. He left him, surviving, his widow, Elizabeth Hume, and children, of whom Nancy J. Stephens, the wife oí plaintiff, was one, and grand-children. An undivided interest in said tracts of one-seventh vested in said Nancy, the wife of plaintiff. At the death of said Reuben Hume, issue of the marriage of the said Nancy and plaintiff was living.
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Error to Moniteau Circuit Court. Reuben Hume died December 1st, 1851, seized of certain tracts of land. He left him, surviving, his widow, Elizabeth Hume, and children, of whom Nancy J. Stephens, the wife oí plaintiff, was one, and grand-children. An undivided interest in said tracts of one-seventh vested in said Nancy, the wife of plaintiff. At the death of said Reuben Hume, issue of the marriage of the said Nancy and plaintiff was living. The wife of plaintiff died before the institution of this suit. Plaintiff prays that an apportionment of said tracts be made and that a life interest of…
1Opinion of the CourtScott, Judge
This writ of error was prematurely sued out, as there was no final judgment in the cause. This was a proceeding in partition, and in such there are two judgments — the one interlocutory, and the other final. The first is quod partitio fiet inter partes de tenementis, upon which a writ or commission goes, commanding that partition be made; and upon the return of this writ or commission executed, if the proceedings are approved by the court, the second judgment is given quod partitio firma et stabilis in perpetuum teneatur. This is the principal judgment, and before it is given no writ of error…
2Cases cited2 opinions
- Reaume v. ChambersSupreme Court of Missouri · 1855
- Gudgell v. MeadSupreme Court of Missouri · 1843
3Cited by8 opinions
- Camp Phosphate Co. v. AndersonSupreme Court of Florida · 1904
- Mettler v. MillerIllinois Supreme Court · 1889
- Cox v. BoyceSupreme Court of Missouri · 1899
- Martin v. TrailSupreme Court of Missouri · 1897
- Ivory v. DeloreSupreme Court of Missouri · 1858
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