Ledbetter v. Ledbetter
Supreme Court of Missouri
Appeal from, Barton Circuit Court. — Hon. Charles Gt. Burton, Judge. (1) The answer of the defendant very evidently proceeds on the theory that plaintiff did not have a regular chain of title, but that C. 1Í. Brown acquired his deed from J. C. Ledbetter, and J. F. Ledbetter from C. H. Brown, with full notice of defendants’ equity, and in fraud of their rights, and under plaintiff’s general denial, the issue presented was as to defendants’ equity, and it devolved upon them to…
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Appeal from, Barton Circuit Court. — Hon. Charles Gt. Burton, Judge. (1) The answer of the defendant very evidently proceeds on the theory that plaintiff did not have a regular chain of title, but that C. 1Í. Brown acquired his deed from J. C. Ledbetter, and J. F. Ledbetter from C. H. Brown, with full notice of defendants’ equity, and in fraud of their rights, and under plaintiff’s general denial, the issue presented was as to defendants’ equity, and it devolved upon them to prove it. Bliss Code Pleading, sec. 340. Again, the answer, although containing-in the first count a general denial, in…
1Opinion of the CourtBlack, J.
This is an action of ejectment commenced in 1881. On the trial before the court without a jury, it was admitted that J. C. Ledbetter was the common source of title, and that defendant was then, and had been, since April, 1878, in possession of the land in dispute. The plaintiff offered no evidence. The court ruled that plaintiff was not entitled to recover, and accordingly gave judgment for the defendant, from which plaintiff appealed.
The answer contains two defences: 1st, a general denial; 2d, an equitable defence. The plaintiff’s theory is that the admission taken in connection with the…
2Cases cited4 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- McAdow v. RossSupreme Court of Missouri · 1873
- State ex rel. Davis v. RogersSupreme Court of Missouri · 1883
- Hopper v. HopperNew York Court of Chancery · 1844
3Cited by14 opinions
- Cohn v. LehmanSupreme Court of Missouri · 1887
- Finley v. WilliamsSupreme Court of Missouri · 1930
- Chowder v. SearcySupreme Court of Missouri · 1890
- Schuster v. SchusterSupreme Court of Missouri · 1887
- Fisher v. StevensSupreme Court of Missouri · 1898
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