Hutson v. Hutson
Supreme Court of Missouri
Appeal from Plcitte Circuit Court. — Hon. William S. Heendon, Judge. (1) One of the questions presented to this court for its decision by this appeal is, will the bare claim of adverse possession by an heir in a suit for the partition of the lands which have descended to all, bar the plaintiffs of their right to such partition and drive them to an action of ejectment to establish their title? Wommack v. Whitmore, 58 Mo. 457; Shaw v. Gregoire, 41 Mo. 410; Haeussler v. Mo.
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Appeal from Plcitte Circuit Court. — Hon. William S. Heendon, Judge. (1) One of the questions presented to this court for its decision by this appeal is, will the bare claim of adverse possession by an heir in a suit for the partition of the lands which have descended to all, bar the plaintiffs of their right to such partition and drive them to an action of ejectment to establish their title? Wommack v. Whitmore, 58 Mo. 457; Shaw v. Gregoire, 41 Mo. 410; Haeussler v. Mo. Iron Go., 110 Mo. 192; Colvin v. Rayenstein, 110 Mo. 582; Freeman on Cotenancy, sec. 502. Each of the foregoing cases was a…
1Opinion of the CourtBurgess, J.
This is an action for the partition among the parties to this suit of a large body of land in Platte county, and for an accounting by defendants Johanna Hutson, the widow of Edmund P. Hutson, deceased, S. H. Branaman, his executor, and the other defendants as the children and only heirs at law of said Edmund P. Hutson.
The plaintiffs and Edmund P. Hutson were originally cotenants, having inherited the land in question from George R. Hutson and Isaac P. Hutson, deceased, who were brothers of said Edmund P. Hut-son. Edmund P. Hutson died testate in 1892, and the defendant Branaman was duly…
2Cases cited7 opinions
- Warfield v. LindellSupreme Court of Missouri · 1860
- Shaw v. GregoireSupreme Court of Missouri · 1867
- Rozier v. GriffithSupreme Court of Missouri · 1860
- Lambert v. BlumenthalSupreme Court of Missouri · 1858
- Lapeyre v. PaulSupreme Court of Missouri · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Armor v. FreySupreme Court of Missouri · 1913
- Keller v. KellerSupreme Court of Missouri · 1936
- Beaver v. WilsonSupreme Court of Oklahoma · 1926
- Estes v. NellSupreme Court of Missouri · 1897
- Dunlap v. GriffithSupreme Court of Missouri · 1898
9 more not listed; retrieve them via the Exa API.