Maginn v. Schmick
Missouri Court of Appeals
Appeal from Ripley Circuit Court.—Eon. J. C. Sheppard, Judge. (1) In the case at bar the plaintiff’s cause of action stated in his petition was “connected with the subject” of the original suit to quiet title, commenced by E. J. Maginn. This was a transaction and the subject-matter of the suit was the title to the land described in ther petition.
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Appeal from Ripley Circuit Court.—Eon. J. C. Sheppard, Judge. (1) In the case at bar the plaintiff’s cause of action stated in his petition was “connected with the subject” of the original suit to quiet title, commenced by E. J. Maginn. This was a transaction and the subject-matter of the suit was the title to the land described in ther petition. If, in this petition the said Maginn falsely, wilfully, wrongfully and maliciously claimed title in himself to plaintiff’s land, and falsely, wilfully and maliciously published such claim to the world through the medium of a newspaper, then he was…
1Opinion of the CourtNortoni, J.
action is under the statute to quiet title. Plaintiff instituted the suit in the circuit court of Ripley county against Austin and several other parties who were joined therein with him as defendants'. *413It was alleged in the petition that the plaintiff was owner in fee simple and claimed title to certain real estate therein described, and that the defendants claimed some title, estate or interest in or to the real estate mentioned, the nature and character of which was unknown to the plaintiff and could not be particularly described and set forth except that it was adverse to the plaintiff’s…
2Cases cited3 opinions
- Kansas City, Clinton & Springfield Railway Co. v. CarlisleSupreme Court of Missouri · 1887
- Jones v. BrownleeSupreme Court of Missouri · 1901
- Orchard v. National Exchange BankMissouri Court of Appeals · 1906
3Cited by5 opinions
- Laun v. Union Electric Co. of MissouriSupreme Court of Missouri · 1942
- Houska v. FrederickSupreme Court of Missouri · 1969
- Hager v. MajorSupreme Court of Missouri · 1945
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
- Kennedy v. MillerRichmond County Circuit Court · 1979