Gooch v. Botts
Supreme Court of Missouri
Appeal from Linn Circuit Cowrt. — Hon. Gr. D. Burgess, Judge. The plaintiffs are Joseph and Nancy J. Grooch, husband and wife, suing to assert her title, in common form, in ejectment for certain land in Linn county. The answer, besides a denial of the petition, set up, as an equitable defense, the facts which are discussed in the opinion. A reply denied this new matter. A trial and a judgment for plaintiffs for possession and damages followed.
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Appeal from Linn Circuit Cowrt. — Hon. Gr. D. Burgess, Judge. The plaintiffs are Joseph and Nancy J. Grooch, husband and wife, suing to assert her title, in common form, in ejectment for certain land in Linn county. The answer, besides a denial of the petition, set up, as an equitable defense, the facts which are discussed in the opinion. A reply denied this new matter. A trial and a judgment for plaintiffs for possession and damages followed. Defendants appealed in due form. The opinion states the rest of the ease. (1) The circuit court should have sustained defendants’ motion for leave to…
1Opinion of the CourtBarclay, J.
This is an ejectment, begun April 27, 1889, in which the legal title shown by Mrs. Gooch is not met by any opposing proof. The trial court found in her favor. The only objection urged to that result refers to the disposition made of the equitable defense thereto.
There was a former suit between these parties, which finally reached this court. Botts v. Gooch (1888), 97 Mo. 88. Its general object was to taint with fraud the title of Mrs. Gooch to the property now in dispute, and vest it in Mr. Botts (a judgment creditor of Mr. Gooch), for reasons fully indicated in the report of that case, and…
2Cases cited8 opinions
- Madison Avenue Baptist Church v. Baptist Church in Oliver StreetNew York Court of Appeals · 1878
- Muir v. BerkshireIndiana Supreme Court · 1875
- Twombly v. . CassidyNew York Court of Appeals · 1880
- Johnson v. HoustonSupreme Court of Missouri · 1871
- Smith v. . RobertsonNew York Court of Appeals · 1882
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3Cited by5 opinions
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