75 Mo. App. 283 | Mo. Ct. App. | 1898
The case here as made by the evidence is this: The appellant, Anna Herchenroeder, widow and
So in Green v. Walker, 99 Mo. 68, a case some
So we hold in this case the appealing defendant had a just and equitable claim to the $511.78 set off: to her daughter, the respondent, and there is no good reason why it should not be asserted in this partition case, even though it be not strictly an equitable suit, for it is yet such a proceeding as permits all conflicts or controversies as to the subject-matter to be settled in the one action, whether they be legal or equitable in character. In the order of distribution then the lower court should have directed the payment of said $511.78 to the appellant Anna Herchenroeder and not to said Caroline Greishammer.
The judgment will be reversed and cause remanded with directions to correct the judgment in that respect. The costs of this appeal will be taxed against the respondent Caroline Greishammer.