Fischer v. Siekmann
Supreme Court of Missouri
Appeal from Warren Circuit Court. — Hon. W. W. Edwards, Judge. (1) Where the facts are undisputed and the evidence documentary and admissions of record, the appellate court will review the action of the trial court and decide if its judgment is warranted by the facts, although no instructions may have been asked or given. Wilson v. Albert, 89 Mo. 537; Willi v. Dry den, 52 Mo. 319; Henry v.' Bell, 75 Mo. 194; Brown v. Ass’n, 40-Mo.
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Appeal from Warren Circuit Court. — Hon. W. W. Edwards, Judge. (1) Where the facts are undisputed and the evidence documentary and admissions of record, the appellate court will review the action of the trial court and decide if its judgment is warranted by the facts, although no instructions may have been asked or given. Wilson v. Albert, 89 Mo. 537; Willi v. Dry den, 52 Mo. 319; Henry v.' Bell, 75 Mo. 194; Brown v. Ass’n, 40-Mo. App. 425. (2) Quarantine is a life estate in the widow, subject to be defeated before her death by the lawful assignment of her dower. Gr. S. 1865, p. 522, sec. 21;…
1Opinion of the CourtBrace, J.
This is an action in ejectment instituted in the Warren county circuit court by the plaintiff Joseph Fischer to recover the one undivided third part of twenty-one acres of land described in the petition. The defense was a general denial, a plea of the statute of limitations, and an equitable estoppel. The case was tried by the court without a jury.
The facts are, that in the year 1869 one Franz Fischer died seized and in possession of certain lands in said county, of which the tract in question was a part, leaving surviving him, his widow Mary Ann, two children, Herman and the plaintiff…
2Cases cited15 opinions
- Nanson v. JacobSupreme Court of Missouri · 1887
- McClanahan v. WestSupreme Court of Missouri · 1889
- Kansas City, St. Joseph & Council Bluffs R. R. v. Campbell, Nelson & Co.Supreme Court of Missouri · 1876
- Austin v. LoringSupreme Court of Missouri · 1876
- Jones v. ManlySupreme Court of Missouri · 1875
10 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- Cochran v. ThomasSupreme Court of Missouri · 1895
- Scott v. RoystonSupreme Court of Missouri · 1909
- Hector v. MannSupreme Court of Missouri · 1910
- Carson v. HeckeSupreme Court of Missouri · 1920
17 more not listed; retrieve them via the Exa API.