Hutton v. Powers
Supreme Court of Missouri
Error to Benton Circuit Court. Felix Hutton filed his petition in the Benton Circuit Court, averring in effect that in tlie lifetime of one Edward H. Powers, he was joint owner with him of certain lands mentioned, situated in that county, and to which there was attached a ferry privilege; that Edward H. Powers died in 1856, leaving a will by which he devised all his interest in said land to Benjamin F. Powers, Henry Powers, and Beverly Powers, jointly ; that Henry Powers…
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Error to Benton Circuit Court. Felix Hutton filed his petition in the Benton Circuit Court, averring in effect that in tlie lifetime of one Edward H. Powers, he was joint owner with him of certain lands mentioned, situated in that county, and to which there was attached a ferry privilege; that Edward H. Powers died in 1856, leaving a will by which he devised all his interest in said land to Benjamin F. Powers, Henry Powers, and Beverly Powers, jointly ; that Henry Powers conjointly with Benjamin F. Powers and Beverly Powers, during their natural lives, used and enjoyed plaintiff’s interest in…
1Opinion of the CourtHolmes, Judge
In this case there was judgment upon demurrer to the petition. The main ground of the demurrer was that the petition did not contain a good cause of action. It appears to proceed on the idea that the defendant was liable to the plaintiff as for use and occupation of the real estate therein described, in which the plaintiff alleges that he was “ joint owner,” to the extent of one undivided fourth part, with the other defendants; and from the facts stated, it may be gathered that they held possession of the premises as tenants in common. There are no sufficient averments in the petition that…
2Cases cited1 opinion
- Cohen v. KylerSupreme Court of Missouri · 1858
3Cited by4 opinions
- Newbold v. SmartSupreme Court of Alabama · 1880
- Thompson v. Granite Bituminous Paving Co.Missouri Court of Appeals · 1918
- Young v. DowneySupreme Court of Missouri · 1898
- Hynes v. EckerMissouri Court of Appeals · 1889