Keith v. Keith

• Decision Date: 14 March 1892
• Citation: Keith v. Keith, 109 Mo. 130, 18 S.W. 1142 (Mo. 1892)
• Parties: Keith et al. v. Keith et al.; Johnson, Appellant
• Court: Missouri Supreme Court

18 S.W. 1142

109 Mo. 130

Keith et al. v. Keith et al.; Johnson, Appellant

Supreme Court of Missouri, First Division

March 14, 1892

October, 1891

Appeal from LaFayette Circuit Court. -- Hon. J. E. Ryland, Special Judge.

Affirmed.

OPINION

Brace J.

This case is now before us for the third time. It is a suit for partition. The facts are fully stated and the questions of law determined in the two opinions heretofore rendered herein (80 Mo. 125; 97 Mo. 223), and neither need now be restated or reviewed.

When the case was last here we held that "So far as defendant Johnson is concerned James W. Keith is to be deemed to have died intestate, and the deed of trust (appellant's) will hold whatever interest James M. Keith would have as an heir-at-law of James W. Keith; what that interest is does not appear." 97 Mo. at 230. When the case was remanded there was but one thing for the circuit court to do so far as the interest of appellant was concerned in the premises, and that was to ascertain, as a matter of fact what the interest of the said James M. Keith would have been as heir-at-law aforesaid in that part of the premises sold in the proceeding that was covered by appellant's mortgage, and award him such proportionate part of the proceeds of such sale. This the court did; found that the interest of the said James M....