Minton v. Steele
Supreme Court of Missouri
Appeal from Holt Circuit Cotirt. — Hon. O. A. Anthony, Judge. (1) The court erred in refusing the instruction in the nature of a demurrer to the evidence asked by the defendants at the close of plaintiff’s testimony in chief, and also in refusing a similar instruction at the close of all the evidence. The plaintiff in his petition claimed the land sued for as accretion.
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Appeal from Holt Circuit Cotirt. — Hon. O. A. Anthony, Judge. (1) The court erred in refusing the instruction in the nature of a demurrer to the evidence asked by the defendants at the close of plaintiff’s testimony in chief, and also in refusing a similar instruction at the close of all the evidence. The plaintiff in his petition claimed the land sued for as accretion. The evidence not only fails to show that said land was accretion to his land, but it shows, as do the physical facts, that it was not accretion to his land, and that he has no right or title to it which would support…
1Opinion of the CourtBarclay, J.
Plaintiff sued the original defendants in ejectment, December 20, 1890, to recover possession of a piece of land in Holt county.
The petition follows the statutory form (R. S. 1889, sec. 4631); but proceeds further to show the nature of plaintiff’s claim to possession. It alleges that plaintiff owns a tract of land adjoining that in controversy. It particularly describes both tracts, and charges that plaintiff’s claim to possession of the latter tract is based on the fact that it is an accretion to the former, which originally abutted upon the Missouri river.
The defendants answered by a…
2Cases cited2 opinions
- Schmitz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1893
- Falconer v. RobertsSupreme Court of Missouri · 1886
3Cited by22 opinions
- Manry v. RobisonTexas Supreme Court · 1932
- Fowler v. WoodSupreme Court of Kansas · 1906
- Mirrielees v. Wabash RailroadSupreme Court of Missouri · 1901
- Dudeck v. EllisSupreme Court of Missouri · 1966
- Doebbeling v. HallSupreme Court of Missouri · 1925
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