Dothage v. Stuart
Supreme Court of Missouri
Error to Warren Circuit Court. The demurrer was improperly overruled, I. Because it does not on the face of the petition appear that the lands alleged to be sold to plaintiff, were located in the 16th section in lands selected in lieu thereof; but, on the contrary, that they were located in section 11. II. Because the plaintiff’s remedy is not against the defendant, but against the County of Warren. III.
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Error to Warren Circuit Court. The demurrer was improperly overruled, I. Because it does not on the face of the petition appear that the lands alleged to be sold to plaintiff, were located in the 16th section in lands selected in lieu thereof; but, on the contrary, that they were located in section 11. II. Because the plaintiff’s remedy is not against the defendant, but against the County of Warren. III. Because the petition should aver that the lands sold to Fort and then to plaintiff, were school lands, to give plaintiff a title by virtue of which he could maintain an action for damages…
1Opinion of the CourtDryden, Judge
The respondent being in possession of a part of section 11, in township 45, N. R. 3 W., in Warren county, the plaintiff in error holding the better title, sued in ejectment and recovered judgment for possession. The respondent thereupon instituted the present suit to recover compensation for his improvements. The petition was demurred to ; the demurrer was overruled, and judgment for the respondent ; and the defendant below has brought- the case here by writ of error.
It is provided by the 20th section of the ejectment law (R. C.-1855, p. 694), that “If a judgment or decree of dispossession…
2Cited by13 opinions
- Woodhull v. . RosenthalNew York Court of Appeals · 1875
- Snadon v. GayerMissouri Court of Appeals · 1978
- Brown v. BaldwinSupreme Court of Missouri · 1894
- Gallenkamp v. WestmeyerMissouri Court of Appeals · 1906
- Fee v. CowdrySupreme Court of Arkansas · 1885
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