Blanchard v. Dorman
Supreme Court of Missouri
Error to Cass Circuit Court. — Hon. N. M. Bradley, Judge. (1) “Petition for partition shall be filed in the circuit court of the county, in which such lands, tenements or hereditaments lie.” E. S. 1909, sec. 2650. (2) “The statute directing in what counties partition suit is to be brought is mandatory, and not simply directory.” Johnson v. Detrick, 152 Mo. 255. (3) Cass circuit had no jurisdiction of the subject-matter.
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Error to Cass Circuit Court. — Hon. N. M. Bradley, Judge. (1) “Petition for partition shall be filed in the circuit court of the county, in which such lands, tenements or hereditaments lie.” E. S. 1909, sec. 2650. (2) “The statute directing in what counties partition suit is to be brought is mandatory, and not simply directory.” Johnson v. Detrick, 152 Mo. 255. (3) Cass circuit had no jurisdiction of the subject-matter. The court in Cass county could not originally entertain jurisdiction over lands in Henry county, and only acquires jurisdiction of certain specific lands on a change of venue,…
1Opinion of the Court
BROWN, C.
This suit was instituted in the circuit court of Henry county to partition certain lands in that county, described as follows: “Thirty-six acres part east half lot two, northwest quarter; seven acres part southwest fourth of the northwest quarter; twenty-seven acres part northwest fourth of the north-we'st quarter all in section three, township forty-one, range twenty-six. One hundred and sixty acres southeast quarter section seven; eighty, acres west half of the southwest quarter of section eight; forty acres the southwest quarter of the northwest quarter of section sixteen; all in…
2Cases cited27 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- State v. RuckSupreme Court of Missouri · 1906
- Givens v. Van StuddifordSupreme Court of Missouri · 1885
- Stearns v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1887
- Reineman v. LarkinSupreme Court of Missouri · 1909
22 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Spotts v. SpottsSupreme Court of Missouri · 1932
- Riss Company, Inc. v. WallaceSupreme Court of Missouri · 1943
- Lemp v. LempSupreme Court of Missouri · 1913
- Bizzell v. Kodner Development Corp.Supreme Court of Missouri · 1985
- State of Mo. v. FarrarMissouri Court of Appeals · 1921
14 more not listed; retrieve them via the Exa API.