Rumfelt v. O'Brien
Supreme Court of Missouri
Error to Scott Circuit Court. cited, M’Clav vs. Freeman, 48 Flo., 234; Howard vs. Thorn-tou, 50 Mo., 291; Lenox vs. Clark, 52 Mo., 117 ; Fithian vs. Monks, 43 Mo., 502; Durosett vs. Hale, 38 Mo., 346; Jan-ney vs. Spedden, Id., 395; Harris vs. Grodner, 42 Id., 159. I. The judgment cannot be collaterally assailed. (Freeman vs. Thompson, 53 Mo., 190.) II. A judgment and its recitals must be treated as correct until reversed. (Bernecker vs. Miller, 44 Mo., 102.) III.
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Error to Scott Circuit Court. cited, M’Clav vs. Freeman, 48 Flo., 234; Howard vs. Thorn-tou, 50 Mo., 291; Lenox vs. Clark, 52 Mo., 117 ; Fithian vs. Monks, 43 Mo., 502; Durosett vs. Hale, 38 Mo., 346; Jan-ney vs. Spedden, Id., 395; Harris vs. Grodner, 42 Id., 159. I. The judgment cannot be collaterally assailed. (Freeman vs. Thompson, 53 Mo., 190.) II. A judgment and its recitals must be treated as correct until reversed. (Bernecker vs. Miller, 44 Mo., 102.) III. The record of a judgment in partition which recites that all the parties named had been duly notified of the suit, is conclusive.…
1Opinion of the CourtLewis, Judge
Petition in ejectment was filed August 14, 1872, for a lot in the town of Benton. The answer was a general denial in the usual form.
Trial was had before the court sitting as a jury. The plaintiff introduced a deed of the premises to himself and John A. Hinton, from James Parrott and wife, dated July 2, 1860, and proved the grantee’s possession in. 1861. For the purpose, it is presumed, of fixjng in advance the character of defendant’s claim, he introduced detached parts of the record of a suit instituted August 10th, 1863, in the Scott Circuit Court, in which the Union Bank of Missouri was…
2Cases cited3 opinions
- Freeman v. ThompsonSupreme Court of Missouri · 1873
- Brown v. BrownSupreme Court of Missouri · 1870
- Baker v. StonebrakerSupreme Court of Missouri · 1863
3Cited by11 opinions
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- Continental Gin Co. v. De BordSupreme Court of Oklahoma · 1912
- Wallace v. AdamsCourt of Appeals for the Eighth Circuit · 1906
- Griffin v. CulpSupreme Court of Oklahoma · 1918
- Feurt v. CasterSupreme Court of Missouri · 1903
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