Dunn v. Miller
Supreme Court of Missouri
Appeal from St. Louis Court of Appeal's... The judgment in the former puit is conclusive that in May, 1872, the right-of possession was in Miller, and that it continued in him till at least after judgment, because our •statute of ejectment provides that if the plaintiff’s right ■of possession expires before judgment, it may be pleaded, and he shall only have judgment for costs and damages to that time.
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Appeal from St. Louis Court of Appeal's... The judgment in the former puit is conclusive that in May, 1872, the right-of possession was in Miller, and that it continued in him till at least after judgment, because our •statute of ejectment provides that if the plaintiff’s right ■of possession expires before judgment, it may be pleaded, and he shall only have judgment for costs and damages to that time. It also settles the question that Dunn cannot recover in this action on' any presumption of title arising from the fact of possession before May, 1872. Whitney v. Wright, 15 Wend. 179; Jackson…
1Opinion of the CourtRat, J.
This is an action of ejectment to recover a *265tract of land included in United States survey 2541, which was made under New Madrid- certificate No. 164 in the name of John Brooks or his legal representative. The land in question, as well as the parties to the action, are the same as those involved in the case of Miller v. Dunn, 62 Mo. 216. In this suit, as in the former action, both parties claim under Charles Lucas as the common source of title. A jury having been waived, the cause was tried by the court.
In this action, the plaintiff, after introducing evidence tending to show that John Brooks…
2Cases cited7 opinions
- Gibson v. ChouteauSupreme Court of the United States · 1872
- Whitney v. WrightNew York Supreme Court · 1836
- De Graw v. PriorSupreme Court of Missouri · 1873
- Jackson v. RightmyreNew York Supreme Court · 1819
- McIlhinney v. FickeSupreme Court of Missouri · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ballou v. SherwoodNebraska Supreme Court · 1891
- Spotts v. HanleyCalifornia Supreme Court · 1890
- Dunn v. MillerSupreme Court of Missouri · 1888
- Barrell v. Title Guarantee Co.Oregon Supreme Court · 1895
- Carroll v. PatrickNebraska Supreme Court · 1888
3 more not listed; retrieve them via the Exa API.