Schuster v. Schuster
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon., Si-iepard Barclay, Judge. (1) The court below erred in submitting to the jury and trying only one of the two issues raised and presented by the pleadings in the case. The petition states an action of ejectment.
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Appeal from St. Louis City Circuit Court. — Hon., Si-iepard Barclay, Judge. (1) The court below erred in submitting to the jury and trying only one of the two issues raised and presented by the pleadings in the case. The petition states an action of ejectment. The answer sets up a general denial, and also an equitable defence, which raises a resulting trust in favor of defendant, as decided in Siébold v. Christman, 75 Mo. 308. The court submitted the equitable issue to the jury, and did not try the legal issue raised by the allegations of the petition, and the first count of the answer. The…
1Opinion of the CourtBlack, J.
The petition is in the usual form in actions of ejectment. Ouster is laid on the second of September, 1883. The answer is first, in effect, a general denial. Further answering, the defendant states that, on the sixteenth of February, 1872, he purchased the property and paid, of his own money, fifteen hundred dollars therefor; that, before that date, and to June, 1885, defendant and the plaintiff were husband and wife, at which last-mentioned date she, the plaintiff, procured a decree of divorce; that, at the time of the purchase of the property, it was agreed between them that she should take…
2Cases cited4 opinions
- Ledbetter v. LedbetterSupreme Court of Missouri · 1885
- Hunt v. ThompsonSupreme Court of Missouri · 1875
- Seibold v. ChristmanMissouri Court of Appeals · 1879
- Seibold v. ChristmanSupreme Court of Missouri · 1882
3Cited by18 opinions
- Curd v. BrownSupreme Court of Missouri · 1899
- Woodward v. WoodwardSupreme Court of Missouri · 1899
- Davis v. BroughtonMissouri Court of Appeals · 1963
- Schuster v. WeissSupreme Court of Missouri · 1893
- Clyburn v. McLaughlinSupreme Court of Missouri · 1891
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