Gray v. Heslep
Supreme Court of Missouri
Appeal from St. Louis Land Court. Gray brought ejectment at the October term, 1858, of the St. Louis Land Court, against Heslep for an undivided fourth of a parcel of land in the city of St. Louis, eighty feet eight inches on Clay street and extending to the river, and bounded north by Montgomery street.
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Appeal from St. Louis Land Court. Gray brought ejectment at the October term, 1858, of the St. Louis Land Court, against Heslep for an undivided fourth of a parcel of land in the city of St. Louis, eighty feet eight inches on Clay street and extending to the river, and bounded north by Montgomery street. Afterwards (May, 1859) plaintiff filed his amended petition, in which he declared for one undivided fourth of “lot 15 of North St. Louis, as laid out by Wright, Chambers and Christy, being 80 feet 8 inches front on Front street, running back eastwardly of the same width to the Mississippi…
1Opinion of the CourtBates, Judge
The first point made is that the appellant has, by failing to file a motion for a new trial, waived all exceptions taken at the trial.
This was the practice prior to the passage of the act of 1849, but that act introduced a different practice. (Fine v. Rogers, 15 Mo. 315; Wagner v. Jacoby, 26 Mo. 530; Prince v. Cole, 28 Mo. 486.) The act of 1855 does not change that of 1849 in any particular which would authorize us to return to the old practice.
The action was ejectment, in which the plaintiff got judgment.
The plaintiff claimed under one Clinton Heslep, and to show his title gave in evidence a…
2Cases cited3 opinions
- Fine v. RogersSupreme Court of Missouri · 1851
- Wagner v. JacobySupreme Court of Missouri · 1858
- Prince v. ColeSupreme Court of Missouri · 1859
3Cited by1 opinion
- Richmond's v. Wardlaw & PogueSupreme Court of Missouri · 1865