Whitehead v. Ragan
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) Tlie court peremptorily directed tbe jury to find tbe issues for tb,e plaintiff, thereby usurping the province of the jury.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) Tlie court peremptorily directed tbe jury to find tbe issues for tb,e plaintiff, thereby usurping the province of the jury. Barry v. Otto, 56 Mo. 177; Moore v. Pieper, 51 Mo. 157; Durkee v. Chambers, 57 Mo. 575 ; St. Vrain v. C. B. L. Co., 56 Mo. 590 ; Wilson r>. Board of Ed., 63 Mo. 137; Smith v. Stokes, 76 Mo. 178. (2) The court refused instructions 1 and 2 asked by defendant, thereby refusing to say that plaintiff must prove his case, and show title. 2 Greenl. Ev., sec. 303; Adamson Eject. 33 ; Large v. P'isher, 49 Mo. 306…
1Opinion of the CourtMacfarlane, J.
The contest in this case is over the location of the division line between lots 1 and 4 of Kritzer and Ragan’s subdivision of a part of the east half of the northwest quarter of section 21, township 49, range 33.
About the year 1870 defendant, Mary Ragan, and one Virginia Kritzer, being the owners of the whole tract, Lad it subdivided into séven lots numbered from 1 to 7. A plat of the subdivision was made and recorded. The dimensions of each lot and the area were marked on the plat. Lot 1 is designated on the plat as a parallelogram, ■eleven and thirteen-hundredths chains north and south,…
2Cases cited5 opinions
- Dolde v. VodickaSupreme Court of Missouri · 1871
- Myers v. City of St. LouisSupreme Court of Missouri · 1884
- Kronenberger v. HoffnerSupreme Court of Missouri · 1869
- Gray v. TempleSupreme Court of Missouri · 1865
- Orrick v. BowerSupreme Court of Missouri · 1859
3Cited by10 opinions
- City of Laddonia v. DaySupreme Court of Missouri · 1915
- Zeibold v. FosterSupreme Court of Missouri · 1893
- Udo Siebel-Spath v. Construction Enterprises, Inc.Missouri Court of Appeals · 1982
- Whitehead v. AtchisonSupreme Court of Missouri · 1896
- McCandless v. Du RoiHawaii Supreme Court · 1915
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