Whitman v. Taylor
Supreme Court of Missouri
Error to Caldwell Common Pleas. I. The county, as mortgagee of the lands, had the right to hold possession as against the mortgagor and those claiming under him, after condition broken, until the debt was satisfied. (Hubble vs. Vaughan, 42 Mo., 138 ; 38 Mo., 120; 49 Mo., 244 ; Johnson vs. Houston, 47 Mo., 227.) II.
Read the full summary
Error to Caldwell Common Pleas. I. The county, as mortgagee of the lands, had the right to hold possession as against the mortgagor and those claiming under him, after condition broken, until the debt was satisfied. (Hubble vs. Vaughan, 42 Mo., 138 ; 38 Mo., 120; 49 Mo., 244 ; Johnson vs. Houston, 47 Mo., 227.) II. Neither the plaintiff, Davis, or the ‘defendants in the suit, having been parties to the suit before the justice of the peace, the plaintiff cannot object to the proceedings on account of the irregularities complained of. (Winston vs. Affalter, 49 Mo., 263; Hardin vs. Lee, 51 Mo.,…
1Opinion of the Court
Yoríes, Judge,
delivered the opinion of the court.
This was an action of ejectment, commenced in the Common Pleas Court of Caldwell county, to recover a tract of land in the petition described.
The petition is in the usual form. The action was brought against William Taylor only, but, on his motion, the county of Caldwell was permitted to appear and become a party to the action.
The defendant, Taylor, filed a separate answer, in which he denied the allegations of the petition and also claimed that, he was the owner of the land in fee.
Caldwell county also filed its separate answer, in which it,…
2Cases cited11 opinions
- Beatie v. ButlerSupreme Court of Missouri · 1855
- Maupin v. EmmonsSupreme Court of Missouri · 1871
- Rhodes v. OutcaltSupreme Court of Missouri · 1871
- Speck v. RigginSupreme Court of Missouri · 1867
- Vaughn v. TracySupreme Court of Missouri · 1856
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Drey v. DoyleSupreme Court of Missouri · 1889
- Brown v. BaldwinSupreme Court of Missouri · 1894
- Ables v. WebbSupreme Court of Missouri · 1905
- Brown v. WalkerMissouri Court of Appeals · 1881
- Abbe v. JustusMissouri Court of Appeals · 1895
2 more not listed; retrieve them via the Exa API.