STEWART v. STEWART

No. 7364.

277 S.W.2d 322 (1955)

Avon STEWART, Pauline Stewart Riley, Jay T. Stewart, Jr., John T. Stewart, Billy Gene Stewart and Betty Jo Stewart Blankenship, Plaintiffs-Appellants, v. Nora STEWART, Raymond Stewart, Henry J. Stewart, Barbara Jean Stewart, Peggy Joyce Stewart, Doris Stewart, Pansy Stewart, Scottle Stewart, Pink Stewart, Larry Stewart, Harry Stewart, Trudy Stewart, Fred Stewart and Jonah Stewart, Defendants-Respondents.

Springfield Court of Appeals. Missouri.

March 24, 1955.


Attorney(s) appearing for the Case

Web A. Welker, Portageville, for plaintiffs-appellants.

Harry H. Bock, Harold D. Jones, New Madrid, for defendants-respondents.


STONE, Judge.

In this suit to partition two disconnected tracts of land in New Madrid County, Missouri, one containing 34 acres and the other containing 53 1/3 acres, the six plaintiffs appeal from the final decree entered on August 28, 1953, which approved the commissioners' report and set off to plaintiffs, as tenants in common, the west one-third of the 53 1/3 acre tract. The determinative issue is whether each plaintiff is entitled to a segregated allotment...

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