Waugh v. Blumenthal
Supreme Court of Missouri
Appeal from St. Louis Land Court. This was an action of ejectment for a portion of a block of ground in the city of Carondelet. The plaintiff was obliged to make title through a judgment and sale in a partition suit, commenced under the partition act of February 21,1845, in which all the parties were petitioners, and some of them were minors who appeared in the suit by guardian.
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Appeal from St. Louis Land Court. This was an action of ejectment for a portion of a block of ground in the city of Carondelet. The plaintiff was obliged to make title through a judgment and sale in a partition suit, commenced under the partition act of February 21,1845, in which all the parties were petitioners, and some of them were minors who appeared in the suit by guardian. At the trial the plaintiff offered in evidence the record of the partition suit and also the sheriff’s deed to himself, having previously traced the title up to the parties to the partition proceeding. The defendant…
1Opinion of the CourtRichaedson, Judge
This case presents only two propositions, which are, first, whether a judgment rendered in a partition proceeding is void, so that it can be collaterally assailed, on the ground that all the parties in interest united in the petition; and second, whether it is void because some of the petitioners are infants who appeared by guardians. The second proposition was discussed and expressly decided in the case of *464Thornton v. Thornton, 27 Mo. 302, and some of the reasons given in support of the judgment in that case intimated the opinion of the majority of the court on the first question that arises…
2Cases cited1 opinion
- Thornton v. ThorntonSupreme Court of Missouri · 1858
3Cited by2 opinions
- Phelps v. DomvilleSupreme Court of Missouri · 1957
- Larned v. RenshawSupreme Court of Missouri · 1866