SCHMIDT v. VOSS

No. 31972.

392 S.W.2d 420 (1965)

Marcella Rose SCHMIDT and Olin R. H. Schmidt, Her Husband, Plaintiffs-Appellants, v. Marie VOSS and Raymond A. Voss, Her Husband, Lorraine Holk and Charles Holk, Her Husband, Edward J. Strebler and Mable T. Strebler, His Wife, and Frances Saporita and Frank Saporita, Her Husband, Defendants-Respondents.

St. Louis Court of Appeals, Missouri.

June 15, 1965.


Attorney(s) appearing for the Case

Edward O. Hancock, St. Louis, for plaintiffs-appellants.

Joseph A. Herbers, St. Louis, for defendants-respondents.


BRADY, Commissioner.

The sole issue presented by this appeal is whether the trial court had authority to tax one-half the costs in a partition action against the appellants who had a one-fifth interest in the property as heirs at law of the deceased. The parties will be referred to by their designation in the trial court.

The facts are very simple. The plaintiff, Marcella Rose Schmidt, together with the defendants Marie Voss, Lorraine Holk, Edward J. Strebler...

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