Hector v. Horrell

154 S.W. 96, 248 Mo. 166, 1913 Mo. LEXIS 20
CourtSupreme Court of Missouri
DecidedFebruary 28, 1913
StatusPublished
Cited by3 cases

This text of 154 S.W. 96 (Hector v. Horrell) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hector v. Horrell, 154 S.W. 96, 248 Mo. 166, 1913 Mo. LEXIS 20 (Mo. 1913).

Opinion

WOODSON, P. J.

This suit was brought in the circuit court of Pemiscot county, and involves practically the same questions, that were involved in the cases of Hector v. Mann, 225 Mo. 228, and Hector v. Warren, 225 Mo. 255, which upon consultation will disclose the main facts of this case; since, however, they are not material to the question to be detennined in this case, they will be omitted largely from the statement of this case.

The plaintiffs sought, by this suit, to recover from the defendant a large tract of land situate in Pemiscot county. A trial was had in the circuit court, which resulted in a judgment in favor of the defendant, and the plaintiffs duly appealed the cause to this court.

In regard to this case, counsel for appellant state that of the law as announced in the cases previously mentioned they have no complaint to make; and that “this case was tried on two theories, to-wit:

“First: That the court which tried the partition proceedings under which the land herein mentioned was [169]*169sold in partition never acquired jurisdiction over the person of the defendants in said partition proceedings (plaintiffs in this suit), and for that reason the sale in partition conveyed no title.
“Second: The description given in said partition proceedings, the order of publication, and the deed made by the sheriff, was insufficient as to part of the land herein described, and did not in fact describe any land whatever.”

Counsel for appellants, in their brief, concede that this court in the cases previously mentioned, decided the first proposition mentioned against them, and that the appellants are not entitled to recover any of the lands which were properly described in the partition proceedings mentioned in said cases; but insist that some of the lands involved in this case were not ■described in said partition proceedings.

This concession, under the evidence, which is undisputed, reduces the case to two legal propositions for ■determination.

The land involved in this case was described in said partition proceedings, and the deed made in pursuance thereof, in the following language (omitting county and state):

320 acres, being the E. 2 of Sec. No. 13, Twp: No. 20, Range 13 East.

120 acres being W. 2 of NW. 4 and NE. 4 NW. 4 of See. No. 15.

40 acres being the NW. 4 of SE. 4 of Sec. No. 10.

160 acres being the S. 2 of NW. of the NE. 4 of NE. 4 and the SW. 4 of NE. 4 of Sec. No. 17, Twp. No. 20, Range 12 E.

80 acres being N. 2 of SE. 4.

40 acres being* SW. 4 of NW. 4 and

[170]*170160 acres, being E. 2 of W. 4 of Sec. No. 18 Twp. No. 20, Range 14 East.

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Related

Aubuchon v. Foster
215 S.W. 781 (Missouri Court of Appeals, 1919)
Akins v. Adams
164 S.W. 603 (Supreme Court of Missouri, 1914)
Simmons v. Affolter
162 S.W. 168 (Supreme Court of Missouri, 1914)

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Bluebook (online)
154 S.W. 96, 248 Mo. 166, 1913 Mo. LEXIS 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hector-v-horrell-mo-1913.