Evans v. Kunze
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) There is no evidence on which to predicate instruction 1, given by the court at the instance of the defendant; not a scintilla of evidence that plaintiffs, or either of them, “accepts the line” (indicated by Bybee, surveyor) “by telling the workmen to go ahead and build the partition wall thereon.” The theory of the instruction is erroneous.
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Appeal from Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) There is no evidence on which to predicate instruction 1, given by the court at the instance of the defendant; not a scintilla of evidence that plaintiffs, or either of them, “accepts the line” (indicated by Bybee, surveyor) “by telling the workmen to go ahead and build the partition wall thereon.” The theory of the instruction is erroneous. (2) Even if such agreement had been entered into between T. D. Evans, the husband of Henrietta M. Evans, who claims to own the disputed premises, and defendant, the act of agreement was…
1Opinion of the Court
Brace, P. J. —
This is an action in ejectment instituted in tbe circuit court of Cass county, by Thomas D. Evans and Henrietta Evans, plaintiffs, on the third day of October, 1891, against L. O. Kunze for a narrow strip of ground in lot 4, in block 2, in tbe city of Harrisonville, covered by defendant’s building. Tbe case was tried by tbe court without a jury. Judgment for tbe defendant, and tbe plaintiffs appeal.
Tbe petition is in common form, tbe answer a general denial. Plea of tbe statute of limitations, and a plea of estoppel, as follows:
“For another and further defense and answer herein,…
2Cases cited15 opinions
- State v. PartlowSupreme Court of Missouri · 1886
- Taylor v. ZeppSupreme Court of Missouri · 1851
- Acton v. DooleySupreme Court of Missouri · 1881
- Flesh v. LindsaySupreme Court of Missouri · 1893
- Mueller v. KaessmannSupreme Court of Missouri · 1884
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3Cited by10 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Long v. LongSupreme Court of Missouri · 1897
- Chinn v. NaylorSupreme Court of Missouri · 1904
- Carpenter v. Reliance Realty Co.Missouri Court of Appeals · 1903
- Gibbany v. WalkerSupreme Court of Missouri · 1938
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