Cole v. Parker-Washington Co.

• Decision Date: 19 December 1918
• Docket Number: No. 19434.,19434.
• Citation: 276 Mo. 220,207 S.W. 766
• Parties: COLE et al. v. PARKER-WASHINGTON CO. et al.
• Court: Missouri Supreme Court

207 S.W. 766

276 Mo. 220

COLE et al. v. PARKER-WASHINGTON CO. et al.

No. 19434.

Supreme Court of Missouri, in Banc.

December 19, 1918.

Appeal from St. Louis Circuit Court; Leo S. Rassieur, Judge.

Suit for partition by John Gully Cole and others against the Parker-Washington Company and others. From a decree of partition in favor of certain plaintiffs and defendants, certain plaintiffs having appealed, the named defendant brings a cross-appeal. Reversed and remanded, with directions.

R. M. Nichols, of St. Louis, for plaintiffs.

Barclay, Orthwein & Wallace, of St. Louis, for Parker-Washington Co.

Opinion of the Court in Division No. 1.

WOODSON, J.

This case is a cross-appeal taken in the case of John Gully Cole et al., Plaintiffs, v. Parker-Washington Co., Defendant, No. 19060, 207 S. W. 749, the opinion in which is handed down simultaneously with this one. All of the questions presented by this appeal are disposed of by the opinion in that case; and what is there said is controlling here.

We, therefore, reverse the judgment for the reasons there stated, and to the extent there ruled, and remanded the cause to the circuit court to enter judgment for the various parties as indicated in that case.

PER CURIAM.

The foregoing opinion of WOODSON, J., is adopted as the opinion of the court in banc.

BOND. C. J., concurs in separate opinion (207 S. W. 766), in which WALKER, BLAIR and GRAVES, JJ., concur. FARIS, J., concurs in part and dissents in part in separate opinion (207 S. W. 765), in which WILLIAMS, J., concurs.