Barthel v. Engle
Supreme Court of Missouri
Appeal from Dallas Circuit Court. — Hon. G. H. Skinker, Judge. The court erred in rendering judgment in favor of defendant for a one-fifth interest in the land because there was no evidence to support such judgment and because it is outside the issues raised by the pleadings.
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Appeal from Dallas Circuit Court. — Hon. G. H. Skinker, Judge. The court erred in rendering judgment in favor of defendant for a one-fifth interest in the land because there was no evidence to support such judgment and because it is outside the issues raised by the pleadings. Ford v. Gebhardt, 114 Mo. 298; Hill v. Mining Co., 1Í9 Mo. 27; Blaine v. Knapp, 140 Mo. 251; Gibson v. Cranage, 39 Mich. 49; Zaliski v. Clark, 44 Conn. 218; Printing Co. v. Thorpe, 36 Fed. 414; Walker v. Auto Co., 124 Mo. App. 636; 36 Cyc. 789. The court properly rendered judgment for defendant for one-fifth of the land;…
1Opinion of the Court
WILLIAMS, C.
This is an action in ejectment to recover possession of one hundred and sixty acres of land in Dallas county, Missouri. One Harmon Barthel, grandfather of plaintiffs, died about 1892, seized of the fee simple title to the land in question and left surviving him as his sole and only heirs his widow, four sons and three grandchildren. The widow died in 1907. The three grandchildren are the plaintiffs in this suit and are the only children of one of the sons of said Harmon Barthel, said son having died a short time before the death of said Harmon Barthel. The four sons of Harmon…
2Cases cited5 opinions
- Hill v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1893
- McGhee v. BellSupreme Court of Missouri · 1902
- Luckett v. WilliamsonSupreme Court of Missouri · 1860
- Bales v. RobertsSupreme Court of Missouri · 1905
- Ford v. GebhardtSupreme Court of Missouri · 1893