Hicks v. Scofield
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. W. Henry,. Judge.' (1) Tbe petitions in both cases do not state facts sufficient to constitute a cause of action.
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Appeal from Jackson Circuit Court. — Hon. J. W. Henry,. Judge.' (1) Tbe petitions in both cases do not state facts sufficient to constitute a cause of action. Seibel v. Siemon, 52 Mo. 363; Smith v. Phelps, 63 Mo. 585. (2) 'The value of the improvements put upon the land subsequent to the deed of trust must be paid or tendered by plaintiffs in these cases to the party entitled thereto, •as a condition precedent to any injunction action,, and this fact must be alleged in the petitions. Siebel v. Siemon, 5 Mo. App. 303.; s. c., affirmed, 72 Mo. 526; Seibel v. Siemon, 52 Mo. 363; Smith v. Phelps,…
1Opinion of the CourtBarclay, J.
This is a suit to restrain the defendant from tearing down or removing certain houses, standing on land belonging to the plaintiff.
The gist of the controversy can be stated in a few lines, discarding many irrelevant particulars which appear in the record.
The dispute involves the title to the houses mentioned. The defendant claims them, and the right to remove them, under proceedings to enforce a mechanic’s lien. The plaintiff claims them as purchaser under a deed of trust.
The common source of title is Mary Groodin, who in 1889 owned the land on which the houses now stand. In November, 1889,…
2Cases cited1 opinion
- Coe v. RitterSupreme Court of Missouri · 1885
3Cited by18 opinions
- R. L. Sweet Lumber Co. v. E. L. Lane, Inc.Supreme Court of Missouri · 1974
- Russell v. GrantSupreme Court of Missouri · 1894
- Landau v. CottrillSupreme Court of Missouri · 1900
- Structo Corp. v. Leverage Investment Enterprises, Ltd.Missouri Court of Appeals · 1981
- Crane Co. v. Epworth Hotel Construction & Real Estate Co.Missouri Court of Appeals · 1906
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