Julius v. Buckner

WELBORN, Commissioner.

Action for partition. Trial court sustained defendant’s motion to dismiss at close of all evidence. After her post-judgment motions had been overruled, plaintiff appealed.

The petition alleged that plaintiff Mary Julius and defendant Helen Buckner, on November 10, 1961, each became the owner of an undivided one-half interest in remainder, subject to a life estate in Clarence E. Ellett, in a tract of residential property in the City of St. Louis. The petition alleged that Ellett died on July 6, 1963, and that the land could not be partitioned in kind.

Defendant’s answer…