Kirton v. Bull
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Hon. Samuel Davis, Judge. (1) It was error to strike out the answer setting up the parol contract between defendant and George W. Bull and John Bull.
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Appeal from Cooper Circuit Court. — Hon. Samuel Davis, Judge. (1) It was error to strike out the answer setting up the parol contract between defendant and George W. Bull and John Bull. Fisher v. Stevens, 143 Mo. 181; Swope v. Weller, 119 Mo. 556; Bank v. Eeed, 131 Mo. 553; Carney v. Carney, 95 Mo. 353. (2) The cause of action in issue and on trial was, Did John Bull, during his life, convert his possession, which was taken in subordination to, and in recognition of George W. Bull’s title, into' an adverse and hostile holding against George W. Bull ? Both George W. Bull and John Bull died in…
1Opinion of the CourtBrace, P. J.
— This is an action in ejectment, in which plaintiffs seek to recover possession of the undivided iiveMxths of a tract of land in Cooper county, containing 320 acres, of which they allege they are tenants in common with the defendant. -The judgment was for the plaintiffs, and the defendant appeals.
The parties are the heirs at law of John Bull, deceased, who died in possession of the premises in the year 1872. The record title is in George W. Bull, a brother of the said John, who died in the same year. John Bull went into possession of the premises in the year 1843, and thereafter continued in…
2Cases cited9 opinions
- Banking House of Wilcoxson & Co. v. RoodSupreme Court of Missouri · 1896
- Coughlin v. HaeusslerSupreme Court of Missouri · 1872
- Moore v. FarmerSupreme Court of Missouri · 1900
- Orr v. RodeSupreme Court of Missouri · 1890
- Poe v. DomecSupreme Court of Missouri · 1873
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3Cited by16 opinions
- Denny v. GuytonSupreme Court of Missouri · 1931
- Weiermueller v. ScullinSupreme Court of Missouri · 1907
- Moore v. HoffmanSupreme Court of Missouri · 1931
- Williamson v. BrownSupreme Court of Missouri · 1906
- Crane v. LoySupreme Court of Missouri · 1968
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