Cox v. Hunter
| Decision Date | 12 December 1899 |
| Citation | Cox v. Hunter, 54 S.W. 1102, 152 Mo. 584 (Mo. 1899) |
| Parties | Cox v. Hunter, Appellant |
| Court | Missouri Supreme Court |
Appeal from Lincoln Circuit Court. -- Hon. Chas. W. Wilson, Special Judge.
Reversed and remanded (with directions).
Martin & Woolfolk for appellant.
Norton, Avery & Young for respondent.
This case is reversed on the authority of Cox v. Boyce, ante, p. 576.
-- This is a twin case with Henry Cox v. Boyce, found on page 576 of this volume; the facts being the same, except that the defendant here does not claim under the curator's deed, but holds the share of the land allotted to him in partition of the estate coming under his father's will. The plaintiff claims to have inherited from his child her share or one-eighteenth of the land. But as shown in the Boyce case all the interest the child had passed to the purchaser under the curator's deed, and the plaintiff inherited nothing.
The judgment is reversed and the cause remanded to the circuit court of Lincoln county with directions to enter judgment for the defendant.
All concur.
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Hudson v. Wright
... ... such attack that the affidavit, if it was necessary, was ... filed in support of the petition in the justice court ... Railroad v. Warder, 73 Mo.App. 117; Meyers v ... Miller, 55 Mo.App. 338; Martin v. McLean, 49 ... Mo. 361; Cox v. Boyce, 152 Mo. 576; Cox v ... Hunter, 152 Mo. 584; Wilson v. Coleman, 88 ... Mo.App. 564; Hope v. Blair, 105 Mo. 93; Atwood ... v. Atwood, 55 Mo.App. 370; State v. Dugan, 110 ... Mo. 138; Lingo v. Burford, 112 Mo. 149; Holt Co ... v. Cannon, 114 Mo. 514. (8) Irregularity in or want of ... verification of any ... ...
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Potter v. Whitten
...its lawful bounds, the judgment cannot be impeached, except in a direct attack. [Cox v. Boyce, 152 Mo. 576, 54 S.W. 467; Cox v. Hunter, 152 Mo. 584, 54 S.W. 1102.] Where issues were made and the court had jurisdiction of the parties and the subject-matter, and neither party appealed, the ju......
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Jones v. Schaff Bros. Co.
... ... Its judgment cannot be collaterally ... attacked, and no direct attack is well pleaded. That judgment ... awarded the property to respondent and the matter is res ... adjudicata. Mallinckrodt v. Nemnich, 169 Mo. 397; ... State ex rel. v. Barnett, 245 Mo. 99; State v ... Hunter, 171 Mo. 438; Meddis v. Kenney, 176 Mo ... 200; State ex rel. v. Bank, 120 Mo. 161; ... Buddecke v. Ziegenhein, 122 Mo. 239; Potter v ... Whitten, 161 Mo.App. 118; State ex rel. v ... Dearing, 180 Mo. 53; Crommer v. Dickman, 18 Mo ... 148; Cox v. Boyce, 152 Mo. 576; Cox v ... Hunter, 152 ... ...
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Cox v. Boyce
... ... ... Reversed and remanded (with directions) ... Martin & Woolfolk for appellants ... (1) The ... finding of the court that plaintiff had curtesy interest in ... the land was erroneous. The life estate of Mrs. Joseph Hunter ... was outstanding when plaintiff's wife died. In such a ... case no estate of curtesy exists. There was no seizin in the ... wife. Martin v. Trail, 142 Mo. 85. (2) In treating ... the only question presented upon the hearing it would be well ... to dispose of the cases of Lacy v. Williams, ... ...