Jenkins v. Jenkins
Decision Date | 26 May 1921 |
Docket Number | No. 21652.,21652. |
Parties | JENKINS v. JENKINS. |
Court | Missouri Supreme Court |
Appeal from Circuit Court, Macon County; Vernon L. Drain, Judge.
Suit by Jane Jenkins, for whom Joseph Jenkins, as administrator of the estate of Jane Jenkins, deceased, was substituted, against Thomas Jenkins. Judgment for plaintiff, and defendant appeals. Cause transferred to Court of Appeals.
Ben Franklin, of Macon, for appellant.
Nat. M. Shelton, of Macon, for respondent.
This suit was brought in the circuit court of Macon county by Jane Jenkins, the widow, against Thomas Jenkins, son of Thomas L. Jenkins, deceased, for the purpose of having dower assigned and homestead set off in 80 acres of land left by Thomas L. Jenkins at his death, and to compel an accounting for the rents and profits arising from the use of said land from May, 1910. Thomas L. Jenkins died in May, 1910; this suit was filed in June, 1918.
The plaintiff, Jane Jenkins, died before judgment was rendered in the case, and the suit was revived in the name of Joseph Jenkins, administrator of her estate. The court heard the evidence before the death of Jane Jenkins, and rendered judgment after her death, assessing the value of the rents and profits of which she had been deprived at $500, and rendered judgment in favor of the administrator for that amount; the widow's right to dower and homestead having determined at her death.
This court is without jurisdiction. The title to real estate, though incidentally involved, is not affected by the judgment. Kennedy v. Duncan, 224 Mo. 661, 123 S. W. 856; Stough v. Steelville Elec. L. & P. Co., 217 S. W. loc. cit. 519, and cases cited. The Duncan Case is directly in point.
The cause is transferred to the Kansas City Court of Appeals.
RAILEY and MOZLEY, CC., concur.
The foregoing opinion by WHITE, C., is adopted as the opinion of the court.
All the Judges concur.
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Jenkins v. Jenkins
...name of Joseph Jenkins, her administrator, against Thomas Jenkins. Judgment for plaintiff, and defendant appeals. Reversed. See, also, 231 S. W. 581. Ben Franklin, of Macon, for Nat M. Shelton, of Macon, for respondent. BLAND, J. This suit was commenced by Jane Jenkins, widow of Thomas L. J......