Cooper v. Garesche
Supreme Court of Missouri
•Appeal from St. Louis Circuit Court. This was a suit for partition. When the petition was filed, Sarah Cooper, one of the plaintiffs, was entitled to one-eighth of tbe land in fee, and to a life estate in all the residue, and each of the other parties was entitled to one-eighth, subject to her life estate. During the progress of the suit, some of the parties acquired the outstanding life estate to the extent of their shares.
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•Appeal from St. Louis Circuit Court. This was a suit for partition. When the petition was filed, Sarah Cooper, one of the plaintiffs, was entitled to one-eighth of tbe land in fee, and to a life estate in all the residue, and each of the other parties was entitled to one-eighth, subject to her life estate. During the progress of the suit, some of the parties acquired the outstanding life estate to the extent of their shares. Commissioners were appointed to make partition, who set off the shares of those in whom the life estate and estate in remainder had become united, and reported that the…
1Opinion of the CourtRyland, Judge
The question in this case has reference only to the costs of the proceedings below. It was a proceeding for partition of real estate among its several owners, eight in number. The real estate was partitioned in part, and several shares allotted to several of the owners. The balance was strangely enough thought not susceptible of division, and so reported. The Circuit Court approved the report, and ordered sale.
Afterwards, the Circuit Court, by its judgment, ordered the costs of the proceedings, including the costs of sale, to be paid by all the parties interested in the partition, in…
2Cited by2 opinions
- Jennings v. JenningsMissouri Court of Appeals · 1930
- Schmidt v. VossMissouri Court of Appeals · 1965