Spitts v. Wells & Wells
Supreme Court of Missouri
Jtppeal from Jefferson Circuit Court. This suit was commenced under the practice act of 1849, by Florence Spitts against Sarah and Solomon Wells, who were minors.
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Jtppeal from Jefferson Circuit Court. This suit was commenced under the practice act of 1849, by Florence Spitts against Sarah and Solomon Wells, who were minors. The petition stated the following facts : In 1848, Sarah, Solomon and Mary Ann Wells became the owners in common of one hundred acres of land ; afterwards, the plaintiff, having married said Mary Ann, set off one third of the land and took possession of it, in good faith, under the belief that he was entitled thus to do, and made valuable improvements upon it, and paid taxes on the whole tract; afterwards, in a suit instituted by…
1Opinion of the CourtScott, Judge
1. The main point in this case is, whether the plaintiff is entitled, under the circumstances, to maintain an action to recover the value of improvements made by him upon the land before there was a partition made among the co-tenants. The proceeding for a partition of the land, it seems, was instituted by himself. The statutory mode of partition, found in our revised laws, has never been supposed to divest courts of chancery of their jurisdiction in suits for partition. Though law and equity are now blended, yet the cases in which chancery formerly had jurisdiction are still cognizable in…
2Cited by10 opinions
- Fowler v. WoodSupreme Court of Kansas · 1906
- Holloway v. HollowaySupreme Court of Missouri · 1888
- Stewart v. JonesSupreme Court of Missouri · 1909
- Gunn v. ThrustonSupreme Court of Missouri · 1895
- Donaldson v. AllenSupreme Court of Missouri · 1908
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