Tucker v. McClenney
Missouri Court of Appeals
Appeal from Boone Circuit Court. — flo». John A. Hockaday, Judge. (1) The allegations of plaintiff’s complaint are that “On March 1, 1902, he had the legal right to the possession of, etc.” His own testimony shows that he had not only sold most of this land to McClane and Castleman before the institution of this suit, but that he executed and delivered deeds to the purchasers, which deeds were filed and recorded on February 8th, and February 11th respectively.
Read the full summary
Appeal from Boone Circuit Court. — flo». John A. Hockaday, Judge. (1) The allegations of plaintiff’s complaint are that “On March 1, 1902, he had the legal right to the possession of, etc.” His own testimony shows that he had not only sold most of this land to McClane and Castleman before the institution of this suit, but that he executed and delivered deeds to the purchasers, which deeds were filed and recorded on February 8th, and February 11th respectively. When this ease is stripped of its outside issues, the undisputed evidence conclusively shows that the plaintiff was not entitled to…
1Opinion of the CourtSmith, P. J.
— This is an action of unlawful detainer which was brought to recover the possession of certain farm lands consisting' of 180 acres. The material facts which the evidence tends to prove and which gave rise to the • controversy may be shortly stated in this wise, that is to say: The Equitable Securities company — a corporation — on June 9, 1894, by a certain deed acquired the fee simple title to said lands; that afterward the defendant went into possession of said lands under a lease from the said securities company which was to expire on the first day of March, 1902; that before the…
2Cases cited2 opinions
- Bradford v. TillyMissouri Court of Appeals · 1896
- Logan v. WoolwineMissouri Court of Appeals · 1894
3Cited by3 opinions
- First Nat. Bank of Kansas City v. KavorinosSupreme Court of Missouri · 1954
- Doner v. IngramMissouri Court of Appeals · 1906
- Smith v. SpencerMissouri Court of Appeals · 1939