McMurtry v. Fairley
Supreme Court of Missouri
Appeal from Washington Circuit Court. — lion. F. B. Bearing, Judge. (1) The service of summons in the partition suit gave the court no jurisdiction over appellant in this cause and the judgment as to him was void.
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Appeal from Washington Circuit Court. — lion. F. B. Bearing, Judge. (1) The service of summons in the partition suit gave the court no jurisdiction over appellant in this cause and the judgment as to him was void. Fischer v. Siekmann, 125 Mo. 165 ; Campbell v. Laclede Gas Light Co., 84 Mo. 352; Higgins v. Beckwith, 102 Mo. 456; Payne v. Masek, 114 Mo. 631; Shaw v. Gregorie, 35 Mo. 342; Westmeyer v. Gallenkamp, 154 Mo. 34. (2) The thirty-year Statute of Limitation is no bar to plaintiff in this case. Shumate v. Snyder, 140' Mo. 87; Howell v. Jump, 140 Mo. 457; Fischer v. Siekmann, 125 Mo. 178;…
1Opinion of the CourtBurgess, P. J.
The purpose of this suit is to have ascertained and determined the estate, title and interest of the plaintiff and defendants herein, respectively, in and to one hundred acres of land in Washington county, being the southwest comer of a tract of land confirmed to Joseph McMurtry in the United States Survey No. 2122, in township thirty-five, range one, east of the fifth principal meridian, and known as the John McMurtry tract, of which plaintiff alleges he is the owner in fee of an undivided ninth interest, and that the defendants are the owners of the other undivided eight-ninths, but that…
2Cases cited7 opinions
- Hickman v. LinkSupreme Court of Missouri · 1888
- Fischer v. SiekmannSupreme Court of Missouri · 1894
- Thomas v. BlackSupreme Court of Missouri · 1892
- Null v. HowellSupreme Court of Missouri · 1892
- Colvin v. HauensteinSupreme Court of Missouri · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Akley v. BassettCalifornia Supreme Court · 1922
- Spotts v. SpottsSupreme Court of Missouri · 1932
- Scott v. RoystonSupreme Court of Missouri · 1909
- Kennard v. WigginsSupreme Court of Missouri · 1941
- Ross v. First Presbyterian ChurchSupreme Court of Missouri · 1917
5 more not listed; retrieve them via the Exa API.