Hamer v. Cook
Supreme Court of Missouri
JError to JDeKalb Circuit Court. — Hon. O. M. Spencer,, Judge. (1) There was no question in the cas.e that Lewis Hamer was the common source of title. It was not necessary for the plaintiff to show title in him. Finch v. VUmcm, 105 Mo. 263. (2) The court had no jurisdiction over the subject-matter of the action.
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JError to JDeKalb Circuit Court. — Hon. O. M. Spencer,, Judge. (1) There was no question in the cas.e that Lewis Hamer was the common source of title. It was not necessary for the plaintiff to show title in him. Finch v. VUmcm, 105 Mo. 263. (2) The court had no jurisdiction over the subject-matter of the action. General Statutes, 1855, p. 1231, sec. 10; Abernathy v. Moore, 83 Mo. 69; Henderson v. Henderson, 55 Mo. 544; Hope v. Blair, 106 Mo. 92. (3) The petition filed by the plaintiffs in that case did not state facts sufficient to-constitute a cause of action against them. General Statutes,…
1Opinion of the CourtGantt, P. J.
This is an action of ejectment brought to the April term, 1887, of the DeKalb circuit court for possession of three undivided sevenths of two hundred acres' of land in said county, described as the west half of the southwest quartion of section 35 in township 59, and the west half of the northwest quarter and the southeast quarter of the northwest quarter of section 2 in township 58, all in range 31. Both parties claim under one Lewis Hamer, who died in 1853, seized of the lands in controversy, together with eighty acres of other land in the same county (all of which he acquired in 1852),…
2Cases cited9 opinions
- McClanahan v. WestSupreme Court of Missouri · 1889
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Lingo v. BurfordSupreme Court of Missouri · 1892
- Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
- Gray v. BowlesSupreme Court of Missouri · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State Ex Rel. Delmoe v. District CourtMontana Supreme Court · 1935
- Hadley v. BerneroMissouri Court of Appeals · 1902
- In Re Lydia SiskSupreme Court of Missouri · 1924
- Heady v. CrouseSupreme Court of Missouri · 1907
- Sisk v. WilkinsonSupreme Court of Missouri · 1924
9 more not listed; retrieve them via the Exa API.