Ordelheide v. Berger Land Co.
Supreme Court of Missouri
Appeal from Warren Circuit Court. — Hon. H. W. Johnson, Judge. The trial court committed error in granting plaintiffs a new trial because under the pleadings and undisputed evidence in the case the judgment for defendants was for the right party. (1) The undisputed evidence shows that Island No. 63 in the Missouri river, in section 6, township 45', range 3 west, in Warren county, Missouri, did not, at the date of the trial of this case, contain- more than 75' acres.
Read the full summary
Appeal from Warren Circuit Court. — Hon. H. W. Johnson, Judge. The trial court committed error in granting plaintiffs a new trial because under the pleadings and undisputed evidence in the case the judgment for defendants was for the right party. (1) The undisputed evidence shows that Island No. 63 in the Missouri river, in section 6, township 45', range 3 west, in Warren county, Missouri, did not, at the date of the trial of this case, contain- more than 75' acres. And that 40 acres off of the upper end was and is in possession of one not a party to this suit, and that the lower end,…
1Opinion of the CourtValliant, P. J.
—
This is an appeal from an order sustaining a motion for a new trial. It is an action in ejectment for the possession of land described in the petition as: “Island 63 in the Missouri river in section 6, township 45, range 3 west, except eighty acres off the upper end sold to Wehmeyer, all in Warren county, Missouri.”
Defendants, in their answer say that they are in possession and are the owners in fee of all that part of the Island lying southeast of a line specifically described in the answer.
On the trial the plaintiffs introduced the following documentary evidence, to-wit: 1. A quitclaim…
2Cases cited1 opinion
- Fitzjohn v. St. Louis Transit Co.Supreme Court of Missouri · 1904
3Cited by5 opinions
- Johnson v. Kansas City Public Service Co.Supreme Court of Missouri · 1950
- Bush ex rel. Bush v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1912
- Fifty-Third National Bank v. McCroryMissouri Court of Appeals · 1912
- Lowry v. SmithMissouri Court of Appeals · 1917
- Campbell v. HaydenMissouri Court of Appeals · 1912