Nave v. Todd

Citations

• 83 Mo. 601

Syllabus

<p>1. Judgment, Entry of Final at Wrong Term: irregularity. An entry of final judgment at the same term with a default, when the statute provides that the former shall be entered at the next term after the default, is an irregularity and may be corrected on motion at a subsequent term, without notice to the defendant.</p> <p>% Land Title : parol partition : estoppel. While a parol partition followed up by possession in severalty will give to the parties respectively the equitable title to the land thus acquired, yet one cannot claim the benefit of such partition as against another who claims thereunder, when the former derives his title under attaching creditors who, in disregard of the parol partition and in denial of its binding force and effect, attached and sold the undivided interest of one of the parties thereto and under whom plaintiff claims in the whole tract; and this is specially true in this case where such creditors recognized plaintiff’s title by calling upon him through their trustee while he was in possession for them to pay taxes on one-half of the land, which plaintiff did.</p>