Moreau v. Detchemendy
Supreme Court of Missouri
Appeal from Ste. Genevieve Circuit Court. I. The defendants being in adverse possession, partition will not lie. II. The court erred in admitting the power of attorney after the trial had closed, because it was out of order of evidence, and because it was not proven that it was acted under and is not connected with any part of the case. III.
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Appeal from Ste. Genevieve Circuit Court. I. The defendants being in adverse possession, partition will not lie. II. The court erred in admitting the power of attorney after the trial had closed, because it was out of order of evidence, and because it was not proven that it was acted under and is not connected with any part of the case. III. The mortgage deeds from P. Detchemendy to the State and to Chouteau and others, show an outstanding title sufficient to defeat plaintiffs’ action. In order to furnish the presumption of payment of mortgage after twenty years there must be an adverse…
1Opinion of the CourtHolmes, Judge
The case is to be regarded upon this record as an action of ejectment. The plaintiffs claim an undivided interest of seven-ninths in the land in controversy, as tenants in common with the defendants, who are holding the possession of the whole premises adversely to the plaintiffs and deny the co-tenancy. The petition seems to have been drawn upon the erroneous conception that an ejectment and a partition *434could properly be united in the same count. The answer took issue upon it as an ejectment. Rejecting what is stated in reference to a partition as surplusage, it might still admit of some…
2Cases cited9 opinions
- CRAIG v. the State of MissouriSupreme Court of the United States · 1830
- Warfield v. LindellSupreme Court of Missouri · 1866
- Morton v. ReedsSupreme Court of Missouri · 1839
- Moreau v. DetchemendySupreme Court of Missouri · 1853
- Reeds v. MortonSupreme Court of Missouri · 1846
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3Cited by2 opinions
- Stewart v. BrownSupreme Court of Missouri · 1892
- Stinde v. ScharffMissouri Court of Appeals · 1889