Smith v. Wallace

* NOTE: Opinion filed at May Term, 1938, May 26, 1938; motion for rehearing filed; motion overruled at September Term. September 17, 1938. This is an action to determine title (with count in ejectment) to an island in the Missouri River. Defendant Mary Wallace answered claiming title to and admitting possession of all except a small portion (of the western part) of the land. Defendant Roscoe Wallace denied possession and made no claim of ownership. Defendant Elmer Harris claimed an undivided one-half interest in all the land by conveyance from plaintiff. Plaintiff filed a reply to answer of…