Holloway v. Burke

Appellants appealed from a judgment and decree in partition entered in the Circuit Court of Ray County, Missouri. Respondents in their petition alleged that they were the owners of certain interests in the lands sought to be partitioned. Appellants filed a demurrer alleging that the petition, upon its face, disclosed that respondents had no interests in the lands. This demurrer was overruled by the trial court. Appellants declined to plead further and judgment was entered ordering the land to be sold and the proceeds to be divided according to the prayer of the petition.

The controversy arose…