Benton Land Co. v. Zeitler
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. P. B. Filter aft, Judge. (1) The first defense seeks to show the straight legal or paper title in defendants. It submits that they hold the .legal title .by an unbroken chain from the common source of title. In ejectment the legal title must rest with the plaintiff.
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Appeal from St. Louis City Circuit Court. — Eon. P. B. Filter aft, Judge. (1) The first defense seeks to show the straight legal or paper title in defendants. It submits that they hold the .legal title .by an unbroken chain from the common source of title. In ejectment the legal title must rest with the plaintiff. Schanewerk v. Hoberecht, 117 Mo. 22; Hume v. Hopkins, 140 Mo. 65; Keat v. Baker, 141 Mo. 180. (2) The fundamental principles of law governing ejectment are: (a) Plaintiff must recover on the strength of his own legal title. Dunlap v. Henry, 76 Mo. 106; Beal v. Harmon, 38 Mo. 439;…
1Opinion of the CourtMarshall, J.
This is an action in ejectment to recover the western fifteen feet of lot number thirty, and the eastern three feet of lot number twenty-nine, in block one, of the amended plat of J. B. Daggett’s second addition to city block 1804 of the city of St. Louis, containing eighteen feet on the north line of Lynch street by a depth northwardly of one hundred and fourteen feet, on which premises is located house number 2309 Lynch street.
The petition is in the usual form, and the ouster is laid as of October 1, 1899.
The answer is a general denial, coupled with the following special defenses:
First.…
2Cases cited29 opinions
- Walker v. OwenSupreme Court of Missouri · 1883
- Tomlinson v. EllisonSupreme Court of Missouri · 1891
- Collins v. TorryNew York Supreme Court · 1810
- Schanewerk v. HoberechtSupreme Court of Missouri · 1893
- Woods v. HilderbrandSupreme Court of Missouri · 1870
24 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Marriage of Cain v. CainMissouri Court of Appeals · 1976
- Coleman v. Crescent Insulated Wire & Cable Co.Supreme Court of Missouri · 1943
- Nutz v. ShepherdMissouri Court of Appeals · 1973
- Tipton v. HoltMissouri Court of Appeals · 1981
- Feller v. LeeSupreme Court of Missouri · 1910
13 more not listed; retrieve them via the Exa API.