Hannah v. Davis
Supreme Court of Missouri
Appeal from Atchison Circuit Court. — Hon. O. A. Anthony, Judge. (1) The court erred in finding for and in rendering judgment in favor of defendants. Under the pleadings and evidence the judgment should have been for plaintiffs. First. Plaintiffs had the right under our statutes to levy upon the land in question whether Mills7 interest was legal or equitable.
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Appeal from Atchison Circuit Court. — Hon. O. A. Anthony, Judge. (1) The court erred in finding for and in rendering judgment in favor of defendants. Under the pleadings and evidence the judgment should have been for plaintiffs. First. Plaintiffs had the right under our statutes to levy upon the land in question whether Mills7 interest was legal or equitable. Revised Statutes 1889, sec. 4915; Eddy v. Baldwin, 23 Mo. 588; Neff v. Seely, 49 Mo. 209; Matson v. Gapelle, 62- Mo. 235. Second. As both' plaintiffs and defendants claimed through the same person, Frank D. Mills, it was unnecessary to…
1Opinion of the CourtBarclay, J.
Plaintiffs began this action in ejectment in April, 1888, against Mr. Davis, defendant, tenant in possession of a tract of land in Atchisoncounty. The other defendants voluntarily came in as. the heirs and personal representatives of Mr. Moore,. *603■who died in 1887, after the occurrence of the principal events out of which this litigation grows.
All the defendants stand upon the rights acquired by Mr. Moore.
Shortly stated, the case is this: In 1883 Mr. Moore owned the tract of land now in litigation and conveyed it to Mr. Mills by deed of general warranty. At the saíne time he took from Mills a…
2Cases cited17 opinions
- Davis v. OwnsbySupreme Court of Missouri · 1851
- Turner v. JohnsonSupreme Court of Missouri · 1888
- Rogers v. TuckerSupreme Court of Missouri · 1887
- Cobb v. DaySupreme Court of Missouri · 1891
- Cowing v. RogersCalifornia Supreme Court · 1868
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State ex rel. Wyandotte Lodge No. 35 of the Independent Order of Odd Fellows v. EvansSupreme Court of Missouri · 1903
- Fitzpatrick v. FedererSupreme Court of Missouri · 1958
- Brim v. FlemingSupreme Court of Missouri · 1896
- Brewster v. TerrySupreme Court of Missouri · 1944
- Winn v. Lippincott Investment Co.Supreme Court of Missouri · 1894
7 more not listed; retrieve them via the Exa API.