Legal Opinion

Gray v. Ward

Supreme Court of Missouri

Decided April 11, 1911PublishedCited by 12 opinions

Appeal from Greene Circuit Court. — Hon. J. T. Neville, Judge. (1) The court erred in permitting the plaintiff Tillery to take a nonsuit after verdict. . The statute itself is conclusive on this question. It heeds no construction, but only to be read, to be comprehended. R. S. 1899; sec. 639. The statute expressly provides for a special finding of facts by the court when requested by either party. The record shows that it was requested and made.

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Appeal from Greene Circuit Court. — Hon. J. T. Neville, Judge. (1) The court erred in permitting the plaintiff Tillery to take a nonsuit after verdict. . The statute itself is conclusive on this question. It heeds no construction, but only to be read, to be comprehended. R. S. 1899; sec. 639. The statute expressly provides for a special finding of facts by the court when requested by either party. The record shows that it was requested and made. R. S. 1899; see. 695. It has been expressly held by this court that such a finding of facts is equivalent to a special verdict. Land Company v.…

1Opinion of the CourtBrown', J.

— This is an ordinary action to quiet and determine the title to eighty acres of land in Greene county, in which each of the plaintiffs by their ■petition claim an undivided one-sixth interest. The defendant is in possession and pleads the ten-year Statute of Limitations, and also' pleads a deed from plaintiff Tillery. From a dismissal as to plaintiff Tillery and a decree below for plaintiff Gray, defendant prosecutes this appeal.

Elijah Gray is the common source of title, and as-the case turns upon the construction of a deed which he and his wife made to his daughter-in-law, Sallie Gray, said…

2Cases cited12 opinions

  1. Lehndorf v. CopeIllinois Supreme Court · 1887
  2. Hall v. FrenchSupreme Court of Missouri · 1901
  3. McClure v. CampbellSupreme Court of Missouri · 1899
  4. Lanyon v. ChesneySupreme Court of Missouri · 1907
  5. Jones v. MooreSupreme Court of Missouri · 1868

7 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Elsea v. SmithSupreme Court of Missouri · 1918
  2. State ex rel. Bernero v. McQuillinSupreme Court of Missouri · 1912
  3. Scott v. ReesSupreme Court of Missouri · 1923
  4. Gillilan v. GillilanSupreme Court of Missouri · 1919
  5. Mattingly v. WashburnSupreme Court of Missouri · 1946

7 more not listed; retrieve them via the Exa API.

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