Hannibal & St. Joseph Railroad v. Shortridge
Supreme Court of Missouri
Appeal from, Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) No judgment or decree of dispossession having been given at the time of filing of the answer, no right of action for the recovery of the value of the improvments had accrued to Shortridge. R. S., sec. 2259. (2) This proceeding, if maintainable, entirely abrogates all the provisions of the occupying claimants’ law.
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Appeal from, Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) No judgment or decree of dispossession having been given at the time of filing of the answer, no right of action for the recovery of the value of the improvments had accrued to Shortridge. R. S., sec. 2259. (2) This proceeding, if maintainable, entirely abrogates all the provisions of the occupying claimants’ law. R. S., secs. 2259, 2266. (3) In no event could the court below render an absolute and unconditional judgment for the value of the improvements and enforce such judgment by execution. Russell v. De France, 39 Mo.…
1Opinion of the CourtBlack, J.
— This was ejectment for eighty acres of land. On February 18, 1880, the defendant Shortridge made application to Walker, defendant’s local agent at Macon, for the purchase of the land. The application was in writing and stated the terms of the sale to be on sis years’ credit, one-fifth down. The application was forwarded to Mr. Price, land commissioner at Hannibal, who withheld Ms approval for a time, only to investigate the claims of Otis to the land, and so wrote to Walker, who informed defendant and assured Mm that Otis had no valid claim.
Defendant purchased the land, or made the…
2Cases cited6 opinions
- Vallé's Heirs v. Fleming's HeirsSupreme Court of Missouri · 1859
- Shroyer v. NickellSupreme Court of Missouri · 1874
- Henderson v. LangleySupreme Court of Missouri · 1882
- Sims v. GraySupreme Court of Missouri · 1877
- Malone v. StretchSupreme Court of Missouri · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Foote v. ClarkSupreme Court of Missouri · 1890
- McCreary v. Lake Boulevard Sponge Exchange Co., Inc.Supreme Court of Florida · 1938
- Patillo v. MartinMissouri Court of Appeals · 1904
- Connecticut Mutual Life Insurance v. CarsonMissouri Court of Appeals · 1914
- Jones v. McGinley Land Co.Missouri Court of Appeals · 1934
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