Gott v. Powell
Supreme Court of Missouri
Error to Montgomery Circuit Court. I. There was no error in the judgment of the court upon the facts agreed on. The petition is for partition as a tenant in common with William L. Powell, and for possession of the land against Boone. The action is to obtain partition between himself and William O. Powell, who holds adversely to him, and had so held for fifteen years before the commencement of this suit — Lambert v. Blumenthal, 26 Mo. 471. II.
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Error to Montgomery Circuit Court. I. There was no error in the judgment of the court upon the facts agreed on. The petition is for partition as a tenant in common with William L. Powell, and for possession of the land against Boone. The action is to obtain partition between himself and William O. Powell, who holds adversely to him, and had so held for fifteen years before the commencement of this suit — Lambert v. Blumenthal, 26 Mo. 471. II. If the action be regarded as ejectment and partition, then it cannot be maintained, for such actions cannot be joined — 26 Mo. 471. III. Although these…
1Opinion of the CourtWagner, Judge
This was an action brought by the plaintiff against the de*418fendant Powell and one Boone, for partition and in ejectment of a tract of land. The petition prayed for partition as to Powell and possession as to Boone. A demurrer was filed to the petition, but no decision was rendered on it by the court, and the parties while the demurrer was still pending and undecided proceeded to trial on an agreed statement of facts.
Prom the facts as agreed upon it appears that the plaintiff in this case sued one James W. Powell, brother of the defendant here, in the Montgomery Circuit Court, in an action of…
2Cases cited6 opinions
- The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
- Clark v. PinneyNew York Supreme Court · 1826
- Powell v. GottSupreme Court of Missouri · 1850
- Lambert v. BlumenthalSupreme Court of Missouri · 1858
- Lovett v. German Reformed ChurchNew York Supreme Court · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Vogler v. MontgomerySupreme Court of Missouri · 1874
- Dunfee v. ChildsWest Virginia Supreme Court · 1898
- Hannibal & St. Joseph Railroad v. BrownSupreme Court of Missouri · 1869
- Di Nola v. AllisonCalifornia Supreme Court · 1904
- Lanyon v. ChesneySupreme Court of Missouri · 1907
23 more not listed; retrieve them via the Exa API.