Brown v. Patterson
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. Louis Hoffman, Judge. (1) The court erred in excluding legal evidence offered by the defendant. 1st. The declarations of Harryman, while still in the possession of the plaintiff’s forty, to the defendant, as to the boundary line between the two tracts were admissible. Declarations of those in possession of land, in respect to the boundary lines or the extent of their occupation are admissible in evidence as part of the res gestae.
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Appeal from Pettis Circuit Court. — Hon. Louis Hoffman, Judge. (1) The court erred in excluding legal evidence offered by the defendant. 1st. The declarations of Harryman, while still in the possession of the plaintiff’s forty, to the defendant, as to the boundary line between the two tracts were admissible. Declarations of those in possession of land, in respect to the boundary lines or the extent of their occupation are admissible in evidence as part of the res gestae. Brewer v. Brewer, 19 Ala. 481; Norton v. Pettibone, 7 Conn. 319; Davis v. Campbell, 1 Ired. (N. 0.) 428; Abeel v. Van…
1Opinion of the CourtGraves, J.
Action in ejectment for two and one-balf acres of land in Pettis county. Petition in usual form, placing ouster as of April 1st, 1903, and alleging damages in the sum of $100. The answer pleaded (1) general denial, (2) estoppel and (3) the ten-year Statute of Limitations. Reply was general denial. A trial before a jury resulted- in a verdict for plaintiff for possession together with damages in the sum of one dollar. '
“Whereupon it is ordered, adjudged and decreed by the court that the plaintiff have and recover of the defendant the possession of the real estate described in the petition as…
2Cases cited17 opinions
- Doe Ex Dem. Patterson v. WinnSupreme Court of the United States · 1826
- Johnson v. QuarlesSupreme Court of Missouri · 1870
- In Re the Second Avenue Methodist Episcopal Church to Vacate an AssessmentNew York Court of Appeals · 1876
- State v. BixmanSupreme Court of Missouri · 1901
- Moore v. WingateSupreme Court of Missouri · 1873
12 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Castilo v. State Highway CommissionSupreme Court of Missouri · 1925
- Johnson v. School District of WakefieldNebraska Supreme Court · 1967
- Joplin Supply Co. v. SmithMissouri Court of Appeals · 1914
- State Ex Rel. Bair v. Producers Gravel Co.Supreme Court of Missouri · 1937
- Minor v. BurtonSupreme Court of Missouri · 1910
10 more not listed; retrieve them via the Exa API.