Burk v. Pence
Supreme Court of Missouri
Appeal from Knox Circuit Court. — Hon. Charles D. Stewart, Judge. (1) The judgment is not responsive to the issues made by the pleadings in the cause. The title to be adjudicated is the title which the plaintiffs assert and the defendant denies, which in this case is thirty-four forty-eighths of the land described in the petition.
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Appeal from Knox Circuit Court. — Hon. Charles D. Stewart, Judge. (1) The judgment is not responsive to the issues made by the pleadings in the cause. The title to be adjudicated is the title which the plaintiffs assert and the defendant denies, which in this case is thirty-four forty-eighths of the land described in the petition. By the plain terms of the statute no right or title can be litigated in this sort of suit, save and except such as may be asserted by the plaintiff, and denied by the defendant, respectively. Graton v. Land & Lumber' Co., 189' Mo, 332; Gage v. Cantwell, 191 Mo: 706;…
1Opinion of the Court
MINORITY OPINION.
WOODSON, J.
This suit originated in the circuit court of Knox county, and was instituted by the plaintiffs against the defendant, seeking to determine the interests of the parties and quiet the title to certain lands, described in the petition, as is provided for by section 650, Revised Statutes 1899.
The contention of defendant being that the judgment is not responsive to the issues made by the pleadings, and questions being presented in réspect to the introduction of evidence thereunder, it will be necessary to set them out in full.
Omitting the formal parts, the petition is…
2Cases cited22 opinions
- Yarnell v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1893
- Garth v. CaldwellSupreme Court of Missouri · 1880
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Leslie v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Clements v. YeatesSupreme Court of Missouri · 1879
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3Cited by9 opinions
- Cody v. Justice CourtCalifornia Court of Appeal · 1965
- Koewing v. Greene County Building & Loan Ass'nSupreme Court of Missouri · 1931
- Summet v. City Realty & Brokerage Co.Supreme Court of Missouri · 1907
- Wilcox v. CoonsSupreme Court of Missouri · 1949
- Harvey v. LongSupreme Court of Missouri · 1914
4 more not listed; retrieve them via the Exa API.