Colline Real Estate & Building Ass'n v. Johnson
Supreme Court of Missouri
Appeal from St. Louis City Circuit Cowrt. — Hon. L. B. Valliant, Judge. (1) Plaintiff’s remedy is the statutory action to quiet title. (2) Even if under the facts of this case the plaintiff might bring the suit in equity to remove a cloud from its title such remedy does not exclude the right to exercise the remedy afforded by the statute to quiet title.
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Appeal from St. Louis City Circuit Cowrt. — Hon. L. B. Valliant, Judge. (1) Plaintiff’s remedy is the statutory action to quiet title. (2) Even if under the facts of this case the plaintiff might bring the suit in equity to remove a cloud from its title such remedy does not exclude the right to exercise the remedy afforded by the statute to quiet title. (1) “The design of the statute was to enable a party in actual possession of land, claiming it as his own, to compel a party out of possession, who also claimed to be owner, to bring ejectment to settle the question between them.” Dyer v.…
1Opinion of the CourtMacearlane, J.
This is an action brought under section 2092, Revised Statutes, 1889, to quiet title. Plaintiff charged in its petition that it was the owner in fee of the real estate' described and was in the possession thereof and that he was informed and believed that defendant made some claim thereto adverse to his estate. Defendant, in obedience to a summons to show cause why he should not bring an action to try his alleged right or title, answered, admitting thathe made claim to the land described in the petition adverse to the estate claimed by the plaintiff therein.
In order to show cause, he, stated…
2Cases cited6 opinions
- Clark v. Covenant Mutual Life InsuranceSupreme Court of Missouri · 1873
- Johnson v. HurleySupreme Court of Missouri · 1893
- Beedle v. MeadSupreme Court of Missouri · 1883
- Dyer v. BaumeisterSupreme Court of Missouri · 1885
- Washburn v. . BurnhamNew York Court of Appeals · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Northcutt v. EagerSupreme Court of Missouri · 1896
- Henman v. WestheimerMissouri Court of Appeals · 1905
- Rodgers v. First National BankMissouri Court of Appeals · 1900
- Cantlin v. Holladay-Klotz Land & Lumber Co.Supreme Court of Missouri · 1899