McCallister v. Ross
Supreme Court of Missouri
Appeal from Eranklin Circuit Court. — Hon. Rudolph Hiredi Judge. (1) As this is an action of ejectment, and the answer contained, 'among other defenses, a general denial, a recovery must be had, if at all, on the strength of complainant’s title, and not on the weakness of those in possession. Large v. Fisher, 49 Mo. 307; Mather y.
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Appeal from Eranklin Circuit Court. — Hon. Rudolph Hiredi Judge. (1) As this is an action of ejectment, and the answer contained, 'among other defenses, a general denial, a recovery must be had, if at all, on the strength of complainant’s title, and not on the weakness of those in possession. Large v. Fisher, 49 Mo. 307; Mather y. Wash, 107 Mo. 121; Mulherin v. Simpson, 124 Mo. 610. (2) The evidence in this ease shows that the premises sued for were abandoned by the First Presbyterian church, and that it ceased to exist as such church organization prior to the date of the deed of trust given…
1Opinion of the CourtMarshall, J.
Ejectment to recover lot 62 in block 14 ias laid out on the original plat of the town of Washington, Mo.
On the 27th of March, 1878, Albert Powell, for a consideration of one dollar, conveyed the premises in controversy to Masters Campbell, John A. Collins and Andrew MeCallister, in trust for the use and benefit of the1 Eirst Presbyterian church of the town of Washington. The deed recited that: “they, the said trustees and their successors, to have power of alienation in respect to the real estate herein conveyed only with the concurrence of two-thirds of the membership of said church for the…
2Cases cited12 opinions
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Chouteau v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Mathias v. O'NeillSupreme Court of Missouri · 1887
- Leonard v. SparksSupreme Court of Missouri · 1893
- State ex rel. Gracy v. Bank of NeoshoSupreme Court of Missouri · 1894
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3Cited by15 opinions
- State v. DixsonMontana Supreme Court · 1927
- Long v. NuteMissouri Court of Appeals · 1907
- Riggs v. MoiseSupreme Court of Missouri · 1939
- Missouri Power & Light Co. v. City of BucklinSupreme Court of Missouri · 1942
- Burch v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Missouri · 1931
10 more not listed; retrieve them via the Exa API.