Cox v. McDivit
Supreme Court of Missouri
Appeal from Cedar Circuit Court. — Hon. D. P. Stratton, Judge. (1) The court had no right to order the occupying claimant to keep the land, and pay for it at its value aside from the improvements, unless the respondents in their answer asked for leave to relinquish the land, and recover the value thereof aside from the improvements.
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Appeal from Cedar Circuit Court. — Hon. D. P. Stratton, Judge. (1) The court had no right to order the occupying claimant to keep the land, and pay for it at its value aside from the improvements, unless the respondents in their answer asked for leave to relinquish the land, and recover the value thereof aside from the improvements. Revised Statutes, secs. 4648 and 4649. (2) The offer to relinquish the land and take its naked value under section 4648 would be in the nature of a cross bill. The court could not have made such a decree upon the answer as it stood, if the respondents had objected…
1Opinion of the CourtMacfarlane, J.
The defendants herein recovered a judgment in ejectment against plaintiff for the recovery of certain lands in Cedar county. Before possession was taken under said judgment the plaintiff, as the occupying claimant, commenced this suit, under section 4645, against these defendants, who were the plaintiffs in said ejectment suit, to recover compensation for improvements put upon the land in judgment. The petition contained the averments made necessai’y under section 4646.
Defendants answered admitting the judgment in ejectment and pleading as a set-off to such compensation the damages, rents and…
2Cases cited3 opinions
- Malone v. StretchSupreme Court of Missouri · 1878
- Stump v. HornbackSupreme Court of Missouri · 1887
- Russell v. DefranceSupreme Court of Missouri · 1867
3Cited by9 opinions
- Snadon v. GayerMissouri Court of Appeals · 1978
- Gallenkamp v. WestmeyerMissouri Court of Appeals · 1906
- Staub v. PhillipsSupreme Court of Missouri · 1925
- Marlow v. LiterMissouri Court of Appeals · 1901
- State ex rel. Shaul v. JonesMissouri Court of Appeals · 1960
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