Michalski v. Grace
Missouri Court of Appeals
Appeal from Ripley Circuit Court. — Hon. J. C. Sheppard, Judge. (1) The court erred in permitting plaintiff to offer any evidence in support of Ms petition over the objections of defendants, that said petition did not state facts sufficient to constitute a cause of action; that it showed on its face that plaintiff went into possession of the land and made the improvements thereon without having a deed ’or other evidence of title thereto.
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Appeal from Ripley Circuit Court. — Hon. J. C. Sheppard, Judge. (1) The court erred in permitting plaintiff to offer any evidence in support of Ms petition over the objections of defendants, that said petition did not state facts sufficient to constitute a cause of action; that it showed on its face that plaintiff went into possession of the land and made the improvements thereon without having a deed ’or other evidence of title thereto. Walker v. Arnold, 71 Vermont 263 ; Topliff v. Shadwell, 68 Kan. 317; Richmond v. Ashcraft, 137 Mo. App'. 191; Powell v. Railroad, 76 Mo. 83; Caldwell v.…
1Opinion of the CourtCox, J.
Action by plaintiff against defendants for improvements placed upon certain lands in Ripley county by the plaintiff while occupied by him, as he contends, under claim of title, and without notice that defendants had title. Trial was had before a jury and verdict rendered for plaintiff in the sum of one thousand dollars, and defendants have appealed.
The first contention is that the petition in this case is wholly insufficient, and that defendant’s objection to the introduction of any testimony under it should have been sustained. We call attention, first, to the fact that the sections of the…
2Cases cited5 opinions
- Stump v. HornbackSupreme Court of Missouri · 1891
- Richmond v. AshcraftMissouri Court of Appeals · 1909
- Brown v. BaldwinSupreme Court of Missouri · 1894
- Cox v. McDivitSupreme Court of Missouri · 1894
- Marlow v. LiterMissouri Court of Appeals · 1901
3Cited by2 opinions
- Snadon v. GayerMissouri Court of Appeals · 1978
- Kian v. KefalogiannisSupreme Court of Virginia · 1932