Brooks v. Roberts
Supreme Court of Missouri
Appeal froxn Reynolds Circuit Court. — lion. E.. M. Bearing, Judge- (1) It was the duty of the court to render judgment in an action under Section 2535 for the party showing the better title. The defendants showing; no title and the plaintiff making a prima-facie showing, should have had judgment.
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Appeal froxn Reynolds Circuit Court. — lion. E.. M. Bearing, Judge- (1) It was the duty of the court to render judgment in an action under Section 2535 for the party showing the better title. The defendants showing; no title and the plaintiff making a prima-facie showing, should have had judgment. Toler v. Edwards, 249 Mo. 161; Maynor v. Land & Timber' Co., 236' Mo. 728'; Gage v. Cantwell, 191 Mo. 706; Gránton v. Holliday-Klotz Co., 189' Mo. 332; Dixon v. Hunter, 204 Mo. 390. (2) Identity of name is identity of person prima-facie. Geer v. Lumber & Mining-Co., 134 Mo. 96; State v. Moore, 61…
1Opinion of the CourtGraves, J.
Action to quiet title. Neither petition nor answer is set out in the record, but the appellant states their contents in his abstract and there is no counter abstract. For the character of the pleadings we must abide appellant’s outline thereof, which reads: “The petition is in the ordinary form under Section 2535, Revised Statutes 1909, alleging that the plaintiff owns. said land, that each of the defendants claim an interest therein, either fee simple or otherwise, and praying the court to try, ascertain and determine the estate, title or interest of the parties thereto. Defendants, Ellen M.…
2Cited by15 opinions
- Hecker v. BleishSupreme Court of Missouri · 1928
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- Edward S. McIntosh and Rosalie McIntosh v. The Eagle Fire Company of New York, a CorporationCourt of Appeals for the Eighth Circuit · 1963
- Cullen v. JohnsonSupreme Court of Missouri · 1930
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