Smith v. Lindsey
Supreme Court of Missouri
Appeal from Hickory Circuit Court. — Ron. Ben. V". Alton, Judge. ■ (1) The answer is insufficient. Arthur ®. Brooks, 14 Barb. 533 ; Pry v. Railroad Co., 73 Mo. 123; Long v. Long, 79 Mo. 648; Wright n. Butler, 64 Mo. 165. The court erred in submitting the case to the jury. (2) The court erred in sustaining a demurrer to the evidence.
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Appeal from Hickory Circuit Court. — Ron. Ben. V". Alton, Judge. ■ (1) The answer is insufficient. Arthur ®. Brooks, 14 Barb. 533 ; Pry v. Railroad Co., 73 Mo. 123; Long v. Long, 79 Mo. 648; Wright n. Butler, 64 Mo. 165. The court erred in submitting the case to the jury. (2) The court erred in sustaining a demurrer to the evidence. Plaintiff had made aprima facie case which was not rebutted, and for this purpose it was sufficient to prove-prior possession either in themselves or grantor. Miller v. Hardin, 64 Mo. 546; Day v. Alms on, 9 Wend. 223; Adams on Ejectment, 32. (3) The court erred in…
1Opinion of the CourtNorton, J.
This suit is by ejectment to recover the possession of the southeast quarter of section 23, township 27, range 21, located in -Hickory county. The defendant answered denying “ every material allegation .of the petition.” On the trial of the cause the court instructed the jury that under the evidence the plaintiff •could not recover, and rendered judgment for defendant, *79•from which* the plaintiffs have appealed, and assign for error the action of the court in giving the above instruction and refusing to receive proper evidence.
The evidence of plaintiffs tended to show that in 1876, and for…
2Cases cited3 opinions
- Edmonson v. PhillipsSupreme Court of Missouri · 1880
- Miller v. HardinSupreme Court of Missouri · 1877
- Collins v. TrotterSupreme Court of Missouri · 1883
3Cited by18 opinions
- Grandy v. CaseySupreme Court of Missouri · 1887
- Kelly v. ThueySupreme Court of Missouri · 1898
- Atlantic Richfield Co. v. State Ex Rel. Wildlife Conservation CommissionSupreme Court of Oklahoma · 1983
- Harrison Machine Works v. BowersSupreme Court of Missouri · 1906
- Finch v. UllmanSupreme Court of Missouri · 1891
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