Stump v. Hornbeck
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court, Edwards, J. At common law the owner is entitled to recover his land, without being subjected to the condition of paying for improvements made by an occupant without title*. — 1 Sedg. on Dam. (7th ed.) 246 (marg. p. 121); 2 Kent’s Com., side p. 335 ; Schlemmer v. Worth, 32 Mo. 208, 209. The administrator of the estate of D. M. Stump, deceased, is the only proper party to sue for and collect the assets of his estate.
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Appeal from the St. Louis County Circuit Court, Edwards, J. At common law the owner is entitled to recover his land, without being subjected to the condition of paying for improvements made by an occupant without title*. — 1 Sedg. on Dam. (7th ed.) 246 (marg. p. 121); 2 Kent’s Com., side p. 335 ; Schlemmer v. Worth, 32 Mo. 208, 209. The administrator of the estate of D. M. Stump, deceased, is the only proper party to sue for and collect the assets of his estate. The personalty goes to the administrator — not to the heirs. — 1 Eev. Stats. 1879, sects. 94-96; Bruggeman v. Jurgenssen, 24Mo. 89 ;…
1Opinion of the CourtLewis, P. J.
The present plaintiffs were unsuccessful defendants in an action of ejectment for 97.47 acres, maintained against them by the present defendants. This suit is brought under Revised Statutes, section 2259, to recover compensation for improvements put upon the land in good faith, by these plaintiffs and their ancestor, David M. Stump. There was a judgment for the plaintiffs.
The defendants objected to the jurisdiction of the court, and saved their exception to an adverse ruling. This suit was instituted in the same court wherein the judgment was rendered in the ejectment case. This fact,…
2Cases cited3 opinions
- Malone v. StretchSupreme Court of Missouri · 1878
- Dothage v. StuartSupreme Court of Missouri · 1864
- Russell v. DefranceSupreme Court of Missouri · 1867
3Cited by10 opinions
- Gray v. ClementSupreme Court of Missouri · 1922
- Stump v. HornbackSupreme Court of Missouri · 1887
- Gallenkamp v. WestmeyerMissouri Court of Appeals · 1906
- Sires v. ClarkMissouri Court of Appeals · 1908
- Staub v. PhillipsSupreme Court of Missouri · 1925
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