Dameron v. Jamison
Missouri Court of Appeals
Error to Lincoln Circuit Court. Partition will not lie where defendant is in adverse possession.— Gravier y. Ivory, 34 Mo. 522. There was a misjoinder of causes of action. — Lambert v. Blumenthal, 26 Mo. 471; Lozier y. Johnson, 35 Mo. 326 ; Forder y. Davis, 38 Mo. 107 ; Shaw et al. v. Gregore, 41 Mo. 407. It was error to-allow plaintiff to annul his petition. — Big. on Estop. 578; Lodermund y. Olarlc, 46 N. Y. 354. Estoppel.- — -1 Greenl. on Ev., sec. 23; Grane y.
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Error to Lincoln Circuit Court. Partition will not lie where defendant is in adverse possession.— Gravier y. Ivory, 34 Mo. 522. There was a misjoinder of causes of action. — Lambert v. Blumenthal, 26 Mo. 471; Lozier y. Johnson, 35 Mo. 326 ; Forder y. Davis, 38 Mo. 107 ; Shaw et al. v. Gregore, 41 Mo. 407. It was error to-allow plaintiff to annul his petition. — Big. on Estop. 578; Lodermund y. Olarlc, 46 N. Y. 354. Estoppel.- — -1 Greenl. on Ev., sec. 23; Grane y. Morris, 6 Pet. 598 ; Skinner v. Stouse, 4 Mo. 93; Lice v. Bunce, 49 Mo. 231 ; Huntsucker y. Ciarle, 12 Mo. 333; Taylor v. Elliott,…
1Opinion of the CourtHaydeN, J.
This is a suit in equity to correct a deed made by one F. W. Page to the defendant, on the grounds of mistake on the part of Page and fraud on the part of the defendant, and for partition of the land. The bill, in substance, states that one E. Page died, leaving as his only heirs three children,— a son, E. W. Page, and two daughters, Helen Page and Rosina Strange; that, while in embarrassed circum■stances, E. Page conveyed to his son, without his son’s knowledge or consent, by deed duly acknowledged and Recorded, certain real estate in Lincoln County; that in 1873, long after the death of his…
2Cases cited6 opinions
- Smith v. RichardsSupreme Court of the United States · 1839
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
- Henderson v. DickeySupreme Court of Missouri · 1872
- Large v. FisherSupreme Court of Missouri · 1872
- Spurlock v. AllenSupreme Court of Missouri · 1872
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3Cited by2 opinions
- Hooton v. RansomMissouri Court of Appeals · 1878
- Draude v. Rohrer Christian Manufacturing Co.Missouri Court of Appeals · 1880