Lane v. Dowd
Supreme Court of Missouri
Appeal from. Phelps Circuit Court.— Hon. L. B. Wood-side, Judge. (1) The original petition being an action in ejectment, demanded the recovery of real estate with damages, rents and profits, and in that case the right to the possession of the real estate would be the sole issue; the amendment, being another kind of action, raises an issue of title solely, independent of any right of possession of the real estate.
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Appeal from. Phelps Circuit Court.— Hon. L. B. Wood-side, Judge. (1) The original petition being an action in ejectment, demanded the recovery of real estate with damages, rents and profits, and in that case the right to the possession of the real estate would be the sole issue; the amendment, being another kind of action, raises an issue of title solely, independent of any right of possession of the real estate. Two causes of action, different in character, which under the civil code of our State could not be legally joined; were so joined in this petition, and the demurrer filed herein for…
1Opinion of the CourtFox, J.
This was an action in ejectment. Judgment was rendered in the trial court for the respondent; *170from this judgment, this appeal is prosecuted. The original petition in this cause was filed on February 8, 1899. As the only question involved in this controversy is in respect to the pleadings, we here insert them. Omitting the caption of the original petition, it is as follows, to-wit:
“Plaintiff for cause of action states, that on the 1st day of October, 1898, he was the owner and entitled to the possession of the following described real estate, situate, lying and being in the county of Phelps,…
2Cases cited3 opinions
- Farley Bros. v. CammannMissouri Court of Appeals · 1891
- Morrison v. HerringtonSupreme Court of Missouri · 1894
- Trumbo v. FlournoyMissouri Court of Appeals · 1898
3Cited by7 opinions
- Cantrell v. City of CaruthersvilleSupreme Court of Missouri · 1949
- Friel v. AlewelSupreme Court of Missouri · 1927
- Connecticut Mutual Life Insurance v. CarsonMissouri Court of Appeals · 1914
- Thompson v. PinnellSupreme Court of Missouri · 1911
- Breeding v. NelsonMissouri Court of Appeals · 1909
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