State ex rel. Hey v. Harper
Missouri Court of Appeals
Appeal from the Jachson Circuit 'Cowri. — Hoh. R. H. Field, Judge. (1) The relator, Fred C. Hey, is not the proper party to maintain this action.
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Appeal from the Jachson Circuit 'Cowri. — Hoh. R. H. Field, Judge. (1) The relator, Fred C. Hey, is not the proper party to maintain this action. The partition suit was brought for the- purpose of dividing the land, and the sale which was ordered in the circuit court was a conversion of the land only for the purposes of division and the money; the proceeds of that sale remained real estate and descended to the heir, and did not pass to the administrator. 2 Story’s Equity Jurisprudence [13 Ed.] sec. 1214a; Burando v. Burando, 23 N. T. 331, 335; Nortin v. Bradham, 21 S. O. 375, 384. It is true…
1Opinion of the CourtSmith, P. J.
— One E. C. Peppard, a non-resident of Missouri, was the owner of an undivided, one fourth of a certain tract of land in Kansas City, Missouri. In 1882 a partition suit was begun in the circuit court of Jackson county, Missouri, by W. L. Reid and Albert M. Winner, the owner of the other three fourths, against said E. C. Peppard, who was brought into the case as a non-resident by order of publication. The land was not susceptible of division and a sale of the same was ordered for the purpose of partition. The defendant, James P. Harper, was by the circuit court appointed a special commissioner…
2Cases cited2 opinions
- State ex rel. Hounsom v. MooreMissouri Court of Appeals · 1885
- State ex rel. Rice v. CayceSupreme Court of Missouri · 1885
3Cited by1 opinion
- State ex rel. Hay v. HarperMissouri Court of Appeals · 1894