Shaw v. Gregoire
Supreme Court of Missouri
Appeal from, St. Francois Circuit Court. This case was before the court in 35 Mo. 342. After the remanding of the case, the pleadings were amended by both parties.
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Appeal from, St. Francois Circuit Court. This case was before the court in 35 Mo. 342. After the remanding of the case, the pleadings were amended by both parties. This suit was commenced November 7,1855. The amended petition recited the proceedings in the suit of Gregoire v. Shaw et als., commenced January 12, 1852, for a partition, &c., and alleged that in said suit no process was served on these, then, defendants, who were minors, living in this State, in Scott county ; that a guardian ad litem was appointed by the court at the return term, May, 1852, who entered his appearance but filed…
1Opinion of the CourtHolmes, Judge
There is some irregularity in the proceedings, but the merits of the case depend upon the validity of the former judgment in partition as against the plaintiffs.
The petition and amendment may be taken as sufficient to sustain the judgment if otherwise correct. The answer denied the tenancy in common, and alleged that the defendant was holding the premises adversely to the plaintiffs. If this defence had been established, it would have put an end to all right to a partition in this suit, and it would have been necessary for the plaintiffs first to establish their title and right to the…
2Cases cited7 opinions
- Forder v. DavisSupreme Court of Missouri · 1866
- Lambert v. BlumenthalSupreme Court of Missouri · 1858
- Day v. KerrSupreme Court of Missouri · 1842
- Hendricks v. McLeanSupreme Court of Missouri · 1853
- Hite & Wife v. ThompsonSupreme Court of Missouri · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Malone v. MeresSupreme Court of Florida · 1926
- Smoot v. JuddSupreme Court of Missouri · 1904
- Fithian v. MonksSupreme Court of Missouri · 1869
- Armor v. FreySupreme Court of Missouri · 1913
- Holloway v. HollowaySupreme Court of Missouri · 1888
17 more not listed; retrieve them via the Exa API.