Avery v. Fitzgerald
Supreme Court of Missouri
Appeal from St. Louis City Circioit Court. —Hon. Si-iepard Barclay, Judge. (1) The tax receipts offered in evidence on the part of plaintiff were improperly admitted by the trial court, as was also the evidence concerning plaintiff’s condition of servitude. Hinman v. Hare, 6' Cent.
Read the full summary
Appeal from St. Louis City Circioit Court. —Hon. Si-iepard Barclay, Judge. (1) The tax receipts offered in evidence on the part of plaintiff were improperly admitted by the trial court, as was also the evidence concerning plaintiff’s condition of servitude. Hinman v. Hare, 6' Cent. Rep. 48. (2) The record of the former judgment in ejectment where the same title was in controversy should have been admitted as evidence on the part of defendants and was improperly excluded by the trial court. Hosier v. Brans, 51 Mo. 39; Miles v. Caldwell, 2 Wall. (U. S.) 35. (3) The remedy of plaintiff, if a…
1Opinion of the Court
.Brace, J.
This is an action of ejectment to recover possession of lots 4 and 5, in James C. Edwards’ addition to Prairie Place, in the city of St. Louis ; the answer was a general denial.
Plaintiff, to show title in himself, introduced a deed from James C. Edwards and wife, dated October 23, 1866, to him, and defendants admitted that said deed vested in plaintiff, at the time of its execution, a good and legal title to the premises, and claimed to have acquired that title through a deed of trust executed by plaintiff, dated J une 10,1878, whereby plaintiff conveyed said premises to one Joseph…
2Cases cited3 opinions
- Kimmel v. BennaSupreme Court of Missouri · 1879
- Foster v. EvansSupreme Court of Missouri · 1872
- Ekey v. IngeSupreme Court of Missouri · 1885
3Cited by17 opinions
- May v. CrawfordSupreme Court of Missouri · 1899
- Seckinger v. Philibert & Johanning Manufacturing Co.Supreme Court of Missouri · 1895
- Long v. MoonSupreme Court of Missouri · 1891
- Reichenbach v. EllerbeSupreme Court of Missouri · 1893
- Sutton v. DameronSupreme Court of Missouri · 1889
12 more not listed; retrieve them via the Exa API.