Mason v. Pitt
Supreme Court of Missouri
Appeal from Weston Court of Common Pleas. Action for the possession of lot 48 in the town of Winston. The petition alleged that a tract of land was patented to Joseph Winston ; that Winston conveyed the land, “ with the town of Winston thereon situate,” to William M. Macey ; that Macey conveyed to plaintiff the lot in controversy, by a deed annexed to the petition ; and that defendant had wrongfully entered into possession of said lot.
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Appeal from Weston Court of Common Pleas. Action for the possession of lot 48 in the town of Winston. The petition alleged that a tract of land was patented to Joseph Winston ; that Winston conveyed the land, “ with the town of Winston thereon situate,” to William M. Macey ; that Macey conveyed to plaintiff the lot in controversy, by a deed annexed to the petition ; and that defendant had wrongfully entered into possession of said lot. The answer admitted the patent to Winston and the conveyance from him to Macey, and that Macey executed and delivered to plaintiff “ an instrument purporting…
1Opinion of the CourtScott, Judge
It is impossible to ascertain from the record, although it contains twenty-eight pages, the point on which this cause turned in the court below. When parties are to be subjected to the expense of an appeal to the Supreme Court, it would be well enough for the record from the court below to show the point on which the cause was decided.
The deed offered by the plaintiff in support of his title was rejected, but on what ground we are left to conjecture. On the state of the pleadings, we do not see wiry judgment was not entered for the plaintiff, as the defendant does not in his answer deny but…
2Cases cited1 opinion
- Downing v. RingerSupreme Court of Missouri · 1842
3Cited by11 opinions
- Marriott Financial Services, Inc. v. Capitol Funds, Inc.Supreme Court of North Carolina · 1975
- Musser v. AdlerSupreme Court of Missouri · 1885
- Ehrhardt v. Robertson Bros.Missouri Court of Appeals · 1899
- De Mers v. DanielsSupreme Court of Minnesota · 1888
- Sharp v. RichardsonSupreme Court of Missouri · 1944
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