Smith v. Phelps
Supreme Court of Missouri
Error to Buchanan Circuit Court. — Hon. Joseph P. Grubb, J udge. cited R. S. 1879, § 3671; Jordan v. Ping, 32 Iowa 64 ; Arnold v. Keyes, 37 N. Y. Superior Ct. (J. & S.) 135. The title of plaintiff'’s sister, Mrs. Duncan, was, at the time of the trial, a present subsisting and operative title, and is a bar to plaintiff’s recovery in this action.
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Error to Buchanan Circuit Court. — Hon. Joseph P. Grubb, J udge. cited R. S. 1879, § 3671; Jordan v. Ping, 32 Iowa 64 ; Arnold v. Keyes, 37 N. Y. Superior Ct. (J. & S.) 135. The title of plaintiff'’s sister, Mrs. Duncan, was, at the time of the trial, a present subsisting and operative title, and is a bar to plaintiff’s recovery in this action. To-prevent a recovery, it was sufficient for this defendant to-show title out of plaintiff’, and it was not essential that he-should, establish his own title. Thompson v. Lyon, 33 Mo. 219 ; Callaway v. Fash, 50 Mo. 420. In order to maintain the action,…
1Opinion of the CourtHough, J.
This is a suit in ejectment, and is the same case reported in 63 Mo. 585. By reference to the opinion there delivered, it will be seen that the case was remanded for an adjustment of the equities between the parties as therein directed. Before the case was retried, the plaintiff conveyed the premises sued for to his sister. This fact appearing at the trial, the court refused to render judgment for possession, or to adjust the equities between the parties as directed by this court, but rendered judgment for plaintiff* for the ground rent up to the date of the execution of his deed to his…
2Cases cited2 opinions
- Smith v. PhelpsSupreme Court of Missouri · 1876
- Jordan v. PingSupreme Court of Iowa · 1871
3Cited by4 opinions
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- Minton v. SteinhauerSupreme Court of Missouri · 1912
- Asher v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Childs v. ThompsonSupreme Court of Missouri · 1884