Henderson v. Langley
Supreme Court of Missouri
Appeal from McDonald Circuit Court. It was gross error to render judgment for the value of the improvements, and attempt to enforce it by execution. The law only contemplates a stay of execution until the prevailing plaintiff pays for the improvements. Russell v. Defrance, 39 Mo. 506; Malone v. Stretch, 69 Mo. 25. And there must be an independent proceeding.
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Appeal from McDonald Circuit Court. It was gross error to render judgment for the value of the improvements, and attempt to enforce it by execution. The law only contemplates a stay of execution until the prevailing plaintiff pays for the improvements. Russell v. Defrance, 39 Mo. 506; Malone v. Stretch, 69 Mo. 25. And there must be an independent proceeding. R. S., §§ 2259, 2260, 2261. 1. Equitable liens in favor of defendant, including. taxes paid on real estate, may be set up in the answer and adjusted in a suit in ejectment. Jones v. Manly, 58 Mo. 559; Evans v. Snyder, 64 Mo. 516; Sims v.…
1Opinion of the CourtHough, J.
This is an action of ejectment. The circuit court, after hearing testimony as to the title, also heard testimony as to the value of improvements, which defendant alleged in his answer had been put upon the land by him in good faith and under the belief that he had a good title to the land, and also as to the amount of taxes paid by him while in possession thereof, and thereupon rendered judgment for the plaintiffs for the possession of the land, and also decreed that the plaintiffs should pay the defendant the sum of $485, (that being the excess in value of the improvements and taxes over the…
2Cases cited5 opinions
- Shroyer v. NickellSupreme Court of Missouri · 1874
- Evans v. SnyderSupreme Court of Missouri · 1877
- Malone v. StretchSupreme Court of Missouri · 1878
- Russell v. DefranceSupreme Court of Missouri · 1867
- Mobley v. NaveSupreme Court of Missouri · 1878
3Cited by16 opinions
- Snadon v. GayerMissouri Court of Appeals · 1978
- Harper v. StumpffSupreme Court of Oklahoma · 1921
- Tice v. FlemingSupreme Court of Missouri · 1903
- Wolcott v. SmithSupreme Court of Oklahoma · 1912
- Mesirow v. DugganCourt of Appeals for the Eighth Circuit · 1957
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