Simpson v. Erisner
Supreme Court of Missouri
Appeal from Lincoln Circuit Court. — Hon. H. M. Hughes, Judge. The action of ejectment can only be maintained where the plaintiff had the legal title at the time the action was commenced. Ford v. French, 72 Mo. 250; Dunlap v. Henry, 76 Mo. 106. And since these cases have been universally followed since their enunciation by this court, we think it unnecessary to cite other cases.
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Appeal from Lincoln Circuit Court. — Hon. H. M. Hughes, Judge. The action of ejectment can only be maintained where the plaintiff had the legal title at the time the action was commenced. Ford v. French, 72 Mo. 250; Dunlap v. Henry, 76 Mo. 106. And since these cases have been universally followed since their enunciation by this court, we think it unnecessary to cite other cases. (1) The will does not give the trustees any power to sell the lands, but only authority to lease and collect the rents for the support of the widow and the support and education of his children until they became of…
1Opinion of the CourtMarshall, J.
This is an action in ejectment to recover an undivided one-sixth interest in sixty-nine and fifty-three hundredths acres of land in Lincoln county.
John H. Simpson married a widow, who had two children, Belle Simpson and Camelia Woodson who are the plaintiffs in this action. There were born of that marriage two children, Pannie and Riley. Mr. Simpson died January 18, 1816, seized of the land in controversy, besides other real and personal property. By his will he devised all his property, real, personal and mixed, to John Hutton and John Cockrell (and also appointed them his executors) in…
2Cases cited3 opinions
- Schiffman v. SchmidtSupreme Court of Missouri · 1900
- Ford v. FrenchSupreme Court of Missouri · 1880
- Dunlap v. HenrySupreme Court of Missouri · 1882
3Cited by10 opinions
- Benson v. FeketeSupreme Court of Missouri · 1968
- Humphreys v. WellingSupreme Court of Missouri · 1937
- Gibson v. GibsonSupreme Court of Missouri · 1920
- St. Louis Union Trust Co. v. ClarkeSupreme Court of Missouri · 1944
- Webb v. HaydenSupreme Court of Missouri · 1901
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